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HALFORD v. COM., DEPT. OF TRANSP.

136 Pa.Commw. 421 (1990)

583 A.2d 70

David S. HALFORD, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, Appellee.

Commonwealth Court of Pennsylvania.

Decided November 30, 1990.

Attorney(s) appearing for the Case

David L. Williams, Morgan, Hallgren, Crosswell & Kane, P.C., Lancaster, for appellant.

Timothy P. Wile, Asst. Counsel-in-Charge of Appellate Section, with him, Harold H. Cramer, Asst. Chief Counsel, John L. Heaton, Chief Counsel, and Christipher Clements, Asst. Counsel, Harrisburg, for appellee.

Before CRAIG, President Judge, COLINS, J., and NARICK, Senior Judge.

CRAIG, President Judge.

David S. Halford appeals from an order of the Court of Common Pleas of Lancaster County, which affirmed a one-year license suspension imposed by the Department of Transportation, Bureau of Driver Licensing (department) for refusing to submit to a breathalyzer test in violation of section 1547(b) of the Vehicle Code (Code), 75 Pa.C.S. § 1547(b).

The salient issue is whether a police failure to explain the inapplicability of Miranda...

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