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WILLIAM G. GILTINAN v. COMMONWEALTH PENNSYLVANIA (07/30/82)

decided: July 30, 1982.

WILLIAM G. GILTINAN, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Commonwealth of Pennsylvania v. William G. Giltinan, No. 79-11091.

COUNSEL

Joshua M. Briskin, for appellant.

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

President Judge Crumlish and Judges Rogers and Blatt, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer did not participate in the decision in this case.

Author: Crumlish

[ 68 Pa. Commw. Page 96]

William Giltinan appeals a Montogomery County Common Pleas Court order which affirmed a six-month

[ 68 Pa. Commw. Page 97]

    suspension of his driver's license for refusal to submit to a breathalyzer test. 75 Pa. C.S. ยง 1547.

Our scope of review is limited to determining whether there has been an error of law or whether the findings of the lower court are unsupported by competent evidence. Appeal of Capozzoli, 63 Pa. Commonwealth Ct. 411, 437 A.2d 1340 (1981). In that the court below is the finder of fact and the arbiter of credibility and because the record supports the court's conclusion that Giltinan refused the breathalyzer test, we will affirm on the able opinion of Judge Smillie, Pa. D. & C.3rd (1980).

Affirmed.

Order

The order of the Montgomery County Common Pleas Court, No. 79-11091 dated March ...


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