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PennDOT v. SHINE

No. 3315 C.D. 1985.

114 Pa.Commw. 523 (1988)

539 A.2d 42

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Anthony J. Shine, Appellee.

Commonwealth Court of Pennsylvania.

March 21, 1988.

Attorney(s) appearing for the Case

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

Arthur L. Zulick, Muth and Zulick, for appellee.

Submitted on briefs February 26, 1988, to Judges COLINS and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE COLINS, March 21, 1988:

The Department of Transportation, Bureau of Driver Licensing (Department) appeals an order of the Court of Common Pleas of Monroe County which sustained the appeal of Anthony J. Shine (appellee) from the twelve-month suspension of his operating privilege pursuant to Section 1547 of the Vehicle Code (Code), 75 Pa. C. S. §1547 (refusal to submit to blood alcohol test).

On March 17, 1985, appellee was involved in...

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