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PennDOT v. FLEMING

No. 3082 C.D. 1986.

119 Pa.Commw. 343 (1988)

547 A.2d 488

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Ronald Earl Fleming, Appellee.

Commonwealth Court of Pennsylvania.

September 9, 1988.

Attorney(s) appearing for the Case

Christopher J. Clements, Assistant Counsel, with him, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

Donald J. McCue, McCue & Watson, for appellee.

Submitted on briefs March 22, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 9, 1988:

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of Fayette County reinstating the driving privileges of Ronald Earl Fleming (Appellee). DOT had suspended Appellee's driving privileges for a period of one year for his refusal to submit to a blood alcohol test in violation of Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547(b). We affirm.

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