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BUREAU OF TRAFFIC SAFETY v. EBNER

No. 2165 C.D. 1979.

59 Pa.Commw. 422 (1981)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Michael T. Ebner, Appellee.

Commonwealth Court of Pennsylvania.

June 2, 1981.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, Transportation, and Harvey Bartle, III, Acting Attorney General, for appellant.

No appearance for appellee.

Submitted on briefs, April 6, 1981, to Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MENCER, June 2, 1981:

Before the sun appeared on the morning of February 18, 1978, Michael T. Ebner (Ebner) had embroiled himself in "double trouble."1 On that date, at approximately 2:10 a.m., he was stopped by a police officer for driving without a license, which is a violation of Section 1501(a) of the Vehicle Code (Code), 75 Pa. C.S. § 1501(a),

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