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COM., DEPT. OF TRANSP. v. MALIZIO

152 Pa.Commw. 57 (1992)

618 A.2d 1091

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. James V. MALIZIO.

Commonwealth Court of Pennsylvania.

Decided December 2, 1992.

Attorney(s) appearing for the Case

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

Thomas M. Castello, for appellee.

Before CRAIG, President Judge, PELLEGRINI, J., and BLATT, Senior Judge.

CRAIG, President Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Court of Common Pleas of Allegheny County dated February 12, 1992, that sustained the appeal of James Malizio from a twelve-month driver's license suspension for refusal to submit to a chemical test under the implied consent law of the Vehicle Code, 75 Pa.C.S. § 1547 (the Code). We conclude that the trial court erred in requiring the police...

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