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EVANS v. COM., DEPT. OF TRANSP.

137 Pa.Commw. 463 (1991)

587 A.2d 29

Thomas J. EVANS, Appellant, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Appellee.

Commonwealth Court of Pennsylvania.

Decided January 31, 1991.

Reconsideration Denied March 25, 1991.

Attorney(s) appearing for the Case

Kathleen A. Gallagher, Klett, Lieber, Rooney & Schorling, Pittsburgh, for appellant.

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

Before DOYLE and COLINS, JJ., and BARRY, Senior Judge.

DOYLE, Judge.

This is an appeal by Thomas J. Evans (Licensee) from an order of the Court of Common Pleas of Allegheny County which dismissed his challenge to a one-year suspension by the Pennsylvania Department of Transportation (DOT) of his driving privilege for refusing to submit to intoxilyzer testing under Section 1547(b) of the Vehicle Code (Code), 75 Pa.C.S. § 1547(b).

The testimony of the two police officers at the de novo hearing, the only witnesses...

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