decided: June 22, 1971.
PEKAR MOTOR VEHICLE OPERATOR LICENSE CASE
Appeal from order of Court of Common Pleas, Civil Division, of Allegheny County, No. SA-1342 of 1969, in case of Commonwealth of Pennsylvania v. Mike Pekar.
Anthony J. Maiorana, Assistant Attorney General, Elmer T. Bolla, Deputy Attorney General, and J. Shane Creamer, Attorney General, for Commonwealth, appellant.
No oral argument was made nor brief submitted for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ.
Author: Per Curiam
[ 218 Pa. Super. Page 308]
In this case appellee's license was suspended for refusal to take the breathalyzer test provided for in § 624.1(a) of The Vehicle Code of April 29, 1959, P. L. 58, as amended, 75 P.S. § 624.1(a). After a hearing on appeal, the court below found as a fact that the appellee did not refuse to take the test and set aside the suspension. The lower court's finding is supported by competent evidence and we will not disturb it.
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