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MARONE v. COM., DEPT. OF TRANSP.

No. 826 C.D. 2009.

990 A.2d 1187 (2010)

Joseph MARONE v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 5, 2010.

Publication Ordered March 3, 2010.

Attorney(s) appearing for the Case

Philip M. Bricknell, Asst. Counsel and Andrew S. Gordon, Chief Counsel, Harrisburg, for appellant.

No appearance was entered on behalf of appellee.

BEFORE: PELLEGRINI, Judge, FRIEDMAN, Senior Judge, and QUIGLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) reversing the Department's one-year suspension of Joseph Marone's (Licensee) driving privileges following Licensee's refusal to submit to chemical testing following his arrest for driving under the influence.

The testimony of Officers Barry Bennett (Officer Bennett) and...

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