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COM., DOT, BUR. OF DR. LICENSING v. LELLO

132 Pa.Commw. 11 (1990)

571 A.2d 562

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Denis A. LELLO, Appellee.

Commonwealth Court of Pennsylvania.

Decided March 19, 1990.

Attorney(s) appearing for the Case

David R. White, Asst. Counsel, with him, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

Sandor Yelen, Wilkes Barre, with him, Philip T. Medico, Jr., for appellee.

Before DOYLE and McGINLEY, JJ., and BLATT, Senior Judge.

BLATT, Senior Judge.

This is an appeal of the Department of Transportation, Bureau of Driver Licensing (DOT) from an order of the Court of Common Pleas of Luzerne County (trial court) overturning DOT's order suspending the operating privileges of Denis A. Lello (Lello) for refusing to submit to a chemical test pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C.S. § 1547(b). Lello was stopped on...

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