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PennDOT v. SCHOEPPNER

No. 491 C.D. 1985.

107 Pa.Commw. 242 (1987)

528 A.2d 667

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Robert S. Schoeppner, Appellee.

Commonwealth Court of Pennsylvania.

July 6, 1987.

Attorney(s) appearing for the Case

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

No appearance for appellee.

Submitted on briefs November 14, 1986, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, July 6, 1987:

The Department of Transportation, Bureau of Traffic Safety (DOT) appeals an order of the Court of Common Pleas of Allegheny County (trial court) which sustained the appeal of Robert S. Schoeppner (Schoeppner) from DOT's suspension of his operating privileges pursuant to Section 1539 of the Vehicle Code (Code), 75 Pa. C. S. §1539.

On July 19, 1983, Schoeppner was cited for violating Section 3323(b)

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