Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent of vacating the penalty imposed, proceeding otherwise dismissed on the merits, and the matter is remitted to the Commissioner of Motor Vehicles for the imposition of a new penalty which shall not exceed a suspension of petitioner's operator's license for a period of 30 days.
Although the determination of the Commissioner of Motor Vehicles was supported by substantial evidence...
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