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PennDOT v. YARBINITZ

No. 1583 C.D. 1982.

97 Pa.Commw. 169 (1986)

508 A.2d 641

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. William R. Yarbinitz, Jr., Appellee.

Commonwealth Court of Pennsylvania.

Argued March 10, 1986.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Richard T. Williams, for appellee.

Before Judges CRAIG, DOYLE and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, May 9, 1986:

The Court of Common Pleas of Somerset County (trial court) sustained the appeal of William Yarbinitz (Appellee) from the six-month suspension of his driver's license. The Department of Transportation (DOT) has appealed. We reverse.

Appellee received a notice of suspension from DOT, dated March 20, 1981, which stated that because of Appellee's conviction of November 4, 1980 under §3733 of the Vehicle Code

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