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COM., DEPT. OF TRANSP. v. MORRIS

153 Pa.Commw. 518 (1993)

621 A.2d 1170

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. John Robert MORRIS, Appellant.

Commonwealth Court of Pennsylvania.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Francis M. Socha, for appellant.

David R. White, Asst. Counsel, Appellate Section, for appellee.

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

KELLEY, Judge.

John Robert Morris (Morris) appeals from an order of the Court of Common Pleas of Perry County (trial court) which denied Morris' appeal of a one-year suspension of his operating privileges by the Department of Transportation, Bureau of Driver Licensing (department) for refusal to submit to a breathalyzer test pursuant to section 1547 of the Vehicle Code (Code), 75 Pa.C.S. § 1547. We reverse.

The relevant facts are as follows. On the evening...

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