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COM., DEPT. OF TRANSP. v. PECK

132 Pa.Commw. 509 (1990)

573 A.2d 645

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant v. Christopher PECK, Appellee.

Commonwealth Court of Pennsylvania.

Decided April 12, 1990.

Attorney(s) appearing for the Case

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

William B. Eagan, with him, William F. Mabon, William B. Eagan Law Offices, Willow Grove, for appellee.

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

BARBIERI, Senior Judge.

The Department of Transportation (DOT) appeals here an order of the Court of Common Pleas of Montgomery County sustaining the appeal of Christopher Peck (Peck) whose operating privileges were suspended because he refused to take a breathalyzer test1. We reverse.2

The arresting officer, called by DOT, testified that on November 14, 1987, at 1:13 A.M. he observed Peck's vehicle...

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