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COM., DEPT. OF TRANSP. v. BIRD

134 Pa.Commw. 305 (1990)

578 A.2d 1345

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. James F. BIRD, Appellee.

Commonwealth Court of Pennsylvania.

Decided July 30, 1990.

Attorney(s) appearing for the Case

Harold H. Cramer, Asst. Chief Counsel, with him, David R. White and William A. Kuhar, Jr., Asst. Counsels, Timothy P. Wile, Asst. Counsel in Charge, and John L. Heaton, Chief Counsel, for appellant.

James G. Dunn, Wymard, Dunn, Gordon & Fall, Pittsburgh, for appellee.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

PALLADINO, Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT), appeals from an order of the Court of Common Pleas of Allegheny County (trial court) which sustained the appeal of James F. Bird (Bird) from a one-year license suspension under Section 1547(b) of the Vehicle Code, 75 Pa. C.S. § 1547(b) (refusal to submit to chemical testing). We reverse.

On May 8, 1989, Officer Kathleen Murphy (Murphy), of the Pittsburgh Police Department...

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