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MENOSKY v. COM. OF PA.

No. 24 T.D. 1987.

121 Pa.Commw. 464 (1988)

550 A.2d 1372

Wallace D. Menosky, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

December 5, 1988.

Attorney(s) appearing for the Case

H. Barry Bier, for appellant.

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

Submitted on briefs September 14, 1988, to President Judge CRUMLISH, JR., and Judges CRAIG, DOYLE, BARRY, COLINS, PALLADINO and McGINLEY.

OPINION BY JUDGE DOYLE, December 5, 1988:

This is an appeal by Wallace D. Menosky (Licensee) from an order of the Court of Common Pleas of Allegheny County which affirmed the action of the Department of Transportation (DOT) in suspending Licensee's operating privileges for one year for refusal to submit to a breathalyzer test pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C.S. §1547(b).

The trial court found that Licensee's van was found at the...

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