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PennDOT v. DWYER

No. 2018 C.D. 1985.

116 Pa.Commw. 644 (1988)

542 A.2d 634

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. James Eugene Dwyer, Appellee.

Commonwealth Court of Pennsylvania.

June 8, 1988.

Attorney(s) appearing for the Case

Christopher J. Clements, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, Henry G. Barr, General Counsel, for appellant.

Edward A. Savastio, 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 SENIOR JUDGE BARBIERI, June 8, 1988:

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Delaware County Court of Common Pleas reinstating the operating privilege of James Eugene Dwyer.

Dwyer was arrested on May 7, 1982, for violating Section 3731(a)(1) of the Vehicle Code (Code),1 (driving under the influence of alcohol), and refused to submit to a breath test. By way of official...

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