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DEPT. OF TRANSP. v. KYONG ROK YI

128 Pa.Commw. 117 (1989)

562 A.2d 1008

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellant, v. KYONG ROK YI, Appellee.

Commonwealth Court of Pennsylvania.

Decided August 14, 1989.

Attorney(s) appearing for the Case

Donald H. Poorman, Asst. Counsel, Philadelphia, with him, Harold H. Cramer, Asst. Chief Counsel, John L. Heaton, Chief Counsel, Harrisburg, for appellant.

William L. Zeitz, Philadelphia, for appellee.

Before CRAIG and BARRY, JJ., and BLATT, Senior Judge.

OPINION

BARRY, Judge.

The Pennsylvania Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Philadelphia County which rescinded the Department's suspension of the driver's license of appellee, Kyong Rok Yi, for a violation of 75 Pa.C.S.A. 1547, (failure to submit to a breathalyzer test).

Appellee was stopped by a police officer for going the wrong way on a one-way street, while his car was swerving back...

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