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COM., DEPT. OF TRANSP. v. FOSTER

148 Pa.Commw. 44 (1992)

609 A.2d 852

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Francis L. FOSTER, Appellee.

Commonwealth Court of Pennsylvania.

Decided May 12, 1992.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel-in-Charge of Appellate Section, for appellant.

William E. Scott, for appellee.

Before CRAIG, President Judge, and DOYLE, J., and BARRY, Senior Judge.

DOYLE, Judge.

Before us for consideration is an appeal by the Department of Transportation (Department) from an order of the Court of Common Pleas of Bucks County. That court sustained the appeal of Francis Foster of the one-year suspension of his operating privileges imposed pursuant to Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b), as a result of his failure to submit to a breathalyzer test following his arrest for allegedly driving under the influence...

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