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PennDOT v. MAGUIRE

No. 818 C.D. 1986.

114 Pa.Commw. 581 (1988)

539 A.2d 484

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Leo R. Maguire, Jr., Appellee.

Commonwealth Court of Pennsylvania.

March 24, 1988.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, Morey Myers, General Counsel, Henry G. Barr, General Counsel, for appellant.

Eric L. B. Strahn, Ryan, Russell & McConaghy, for appellee.

Submitted on briefs February 23, 1988, to President Judge CRUMLISH, JR., Judges McGINLEY and SMITH, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., March 24, 1988:

The Department of Transportation (DOT) appeals a Berks County Common Pleas Court order sustaining Leo Russell Maguire's appeal of a one-year driver's license suspension. We reverse.

The facts are undisputed. Maguire was arrested for driving under the influence of alcohol. 75 Pa. C. S. §3731. He subsequently refused to submit to a breathalyzer...

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