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BOUCHER v. COM., DEPT. OF TRANSP.

167 Pa.Commw. 702 (1994)

649 A.2d 473

Richard J. BOUCHER, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING.

Commonwealth Court of Pennsylvania.

Decided September 30, 1994.

Reargument Denied November 23, 1994.

As Amended November 28, 1994.

Petition for Allowance of Appeal Granted April 7, 1995.

Attorney(s) appearing for the Case

James Cunilio, for appellant.

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

Before PELLEGRINI and FRIEDMAN, JJ., and RODGERS, Senior Judge.

FRIEDMAN, Judge.

Richard J. Boucher (Licensee) appeals from an order of the Court of Common Pleas of Montgomery County (trial court) sustaining the suspension of his operating privilege imposed by the Department of Transportation, Bureau of Driver Licensing (DOT) pursuant to 75 Pa.C.S. § 1547(b)(1) (refusal to submit to chemical testing).1 We reverse.

On June 14, 1991...

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