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COM., DEPT. OF TRANSP. v. PESTOCK

136 Pa.Commw. 694 (1990)

584 A.2d 1075

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Robert S. PESTOCK, Appellee.

Commonwealth Court of Pennsylvania.

Decided December 18, 1990.

Reargument and Reconsideration Denied February 14, 1991.

Attorney(s) appearing for the Case

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

Robert E. Stewart, DeAngelis, Stewart & Associates, Pittsburgh, for appellee.

Before McGINLEY and KELLEY, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) has appealed from an order of the Court of Common Pleas of Allegheny County sustaining the driver's license suspension appeal of Robert S. Pestock.

At the de novo hearing on Pestock's appeal, the Department introduced the testimony of three Pittsburgh police officers who were involved in Pestock's arrest and subsequent intoxilizer testing on October 22...

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