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PennDOT v. McLAUGHLIN

No. 866 C.D. 1988.

124 Pa.Commw. 496 (1989)

556 A.2d 533

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. David W. McLaughlin, Appellee.

Commonwealth Court of Pennsylvania.

March 30, 1989.

Attorney(s) appearing for the Case

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

Mark S. Pinnie, for appellee.

Submitted on briefs January 20, 1989, to Judges CRAIG and BARRY, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 30, 1989:

The Pennsylvania Department of Transportation has appealed an order by Judge Battle of the Court of Common Pleas of Delaware County, which reversed a vehicle operator's license suspension imposed for refusal to take a chemical test for alcohol.

The facts in the record indicate that David W. McLaughlin was arrested pursuant to provisions of 75 Pa. C. S. §3731(a)(1) by an officer in the Haverford Township Police Department...

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