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COM., DEPT. OF TRANSP. v. GILLESPIE

160 Pa.Commw. 433 (1993)

635 A.2d 662

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Robert J. GILLESPIE.

Commonwealth Court of Pennsylvania.

Decided December 7, 1993.

Reargument Denied February 11, 1994.

Attorney(s) appearing for the Case

William A. Kuhar, Jr., Asst. Counsel, and Timothy P. Wile, Asst. Counsel In-Charge, Appellate Section, for appellant.

Kevin J. Fiore, for appellee.

Before SMITH and KELLEY, JJ., and SILVESTRI, Senior Judge.

SMITH, Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from the order of the Court of Common Pleas of Allegheny County sustaining Robert J. Gillespie's appeal from a one-year suspension of his operating privileges for refusal to submit to chemical testing pursuant to Section 1547 of the Vehicle Code, as amended, 75 Pa.C.S. § 1547.1 The issues before this Court are whether the trial court erred...

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