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COM., DEPT. OF TRANSP. v. FOLEY

138 Pa.Commw. 567 (1991)

588 A.2d 1017

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Richard FOLEY, Appellee.

Commonwealth Court of Pennsylvania.

Decided March 26, 1991.

Attorney(s) appearing for the Case

David R. White, Asst. Counsel, with him, Timothy P. Wile, Asst. Counsel in Charge, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, Harrisburg, for appellant.

Douglas C. Roger, Jr., Media, for appellee.

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

PALLADINO, Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT), appeals an order of the Court of Common Pleas of Delaware County (trial court), which sustained Richard Foley's (Licensee) appeal of a license suspension for refusing to submit to chemical alcohol testing. Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b). We reverse.1

Licensee struck a traffic light pole with his car, injuring his...

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