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DEPT. OF TRANSPORTATION v. PESSAGNO

No. 1457 C.D. 1973.

16 Pa.Commw. 234 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. John Michael Pessagno, Appellee.

Commonwealth Court of Pennsylvania.

December 18, 1974.

Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

John Michael Pessagno, appellee, for himself.

Argued December 6, 1974, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, December 18, 1974:

On November 10, 1971, while making what, prior to Commonwealth v. Swanger, 453 Pa. 107, 307 A.2d 875 (1973), was considered to be a "routine traffic check," an officer of the Pennsylvania State Police determined that the appellee was operating a motor vehicle after his operating privilege had been suspended and before it was reinstated in violation of Section 624(6) of The Vehicle...

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