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PennDOT v. STAY

No. 1383 C.D. 1986.

114 Pa.Commw. 532 (1988)

539 A.2d 57

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Joseph R. Stay, Appellee.

Commonwealth Court of Pennsylvania.

March 22, 1988.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, John L. Heaton, Chief Counsel, for appellant.

M. Emmons Stivers, for appellee.

Submitted on briefs December 17, 1987, to Judges MacPHAIL and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARRY, March 22, 1988:

The Department of Transportation, Bureau of Driver Licensing, (DOT), appeals from an order of the Court of Common Pleas of Delaware County which sustained the appeal of Joseph R. Stay (appellee) from the suspension of his driver's license by DOT for a period of one year due to his refusal to submit to a breathalyzer test.

On March 24, 1985, Corporal John Singley, a member of the Collingdale Police Department, observed...

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