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Tuesday, November 04, 1997     Page: 6A

WILKES-BARRE- A decision made by the Luzerne County Court of Common Pleas
to allow an Exeter Township man to keep his drivers license was upheld by a
higher court.
   
Michael John Moughan said he was driving home from work at 12:15 a.m. on
New Years Day last year when his car hit a snow patch and ended up stuck in a
snow bank. Following the mishap, Moughan walked to his nearby home and
consumed some alcoholic beverages with his father, he said.
    Moughan said he returned to his vehicle to retrieve his wallet at about
2:45 a.m. Shortly afterward, Exeter Township Police offi cer Edward Smith went
to the scene and arrested Moughan on evidence of druken driving when Moughan
refused to take a blood alcohol test.
   
In Pennsylvania, refusing to take a blood alcohol test results in an
automatic suspension of one’s driver’s license for one year.
   
Moughan appealed the suspension to the Luzerne County Court of Common Pleas
and won. The state appealed the decision to Pennsylvania Commonwealth Court
and the court ruled that the officer had no reason to believe that Moughan was
operating the vehicle while intoxicated.