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COM., DEPT. OF TRANSP. v. WHITNEY

133 Pa.Commw. 437 (1990)

575 A.2d 978

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Edwin R. WHITNEY, Jr., Appellee.

Commonwealth Court of Pennsylvania.

Decided June 8, 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.

William R. Lee, Scranton, for appellee.

Before PALLADINO and SMITH, JJ., and BARBIERI, Senior Judge.

PALLADINO, Judge.

The Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Lackawanna County (trial court), sustaining Edwin R. Whitney, Jr.'s (Licensee) appeal of a one-year suspension of his driving privileges for failure to submit to a chemical test. We reverse.

On March 10, 1986, Licensee refused to submit to a chemical test. By a letter dated March 23, 1986, DOT notified Licensee that his license would be suspended...

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