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PennDOT v. MIHALAKI

No. 624 C.D. 1988.

123 Pa.Commw. 353 (1989)

553 A.2d 1042

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Paul David Mihalaki, Appellee.

Commonwealth Court of Pennsylvania.

February 6, 1989.

Attorney(s) appearing for the Case

Melissa K. Dively, Assistant Counsel, with her, Christopher J. Clements, Assistant Counsel, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

Kevin J. Rozich, for appellee.

Submitted on briefs November 9, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, February 6, 1989:

The Pennsylvania Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Cambria County, which sustained the appeal of Paul Mihalaki, and reversed DOT's suspension of Mihalaki's driver's license for one year for refusal to submit to chemical testing. We reverse.

Mihalaki was involved in an automobile accident on October 22, 1987. He was transported to the hospital, where Lieutenant...

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