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PennDOT v. DANKS

No. 155 C.D. 1986.

114 Pa.Commw. 37 (1988)

538 A.2d 120

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Joseph W. Danks, Appellee.

Commonwealth Court of Pennsylvania.

February 25, 1988.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Morey M. Myers, General Counsel, for appellant.

Joseph W. Danks, for himself.

Submitted on briefs December 14, 1987, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, February 25, 1988:

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of Erie County (trial court) sustaining the appeal of Joseph W. Danks (Danks) and reinstating his operating privileges. For the reasons set forth below, we reverse.

On August 1, 1982, Danks was cited for violating section 3733 of the Vehicle Code, 75 Pa. C. S. §3733 (fleeing or attempting...

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