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PENNDOT v. MONAGHAN

No. 3365 C.D. 1985.

115 Pa.Commw. 248 (1988)

539 A.2d 940

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Brian Monaghan, Appellee.

Commonwealth Court of Pennsylvania.

April 6, 1988.

Attorney(s) appearing for the Case

Donald H. Poorman, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, John L. Heaton, Chief Counsel, for appellant.

Eugene A. Bonner, for appellee.

Submitted on briefs January 6, 1988, to Judges DOYLE AND McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE McGINLEY, April 6, 1988:

This is an appeal by the Pennsylvania Department of Transportation, Bureau of Driver Licensing (DOT) from an order of the Court of Common Pleas of Chester County which reversed DOT's imposition of a six-month suspension of the operating privileges of Brian T. Monaghan (Monaghan). DOT's action was based upon Section 1532(b)(2) of the Vehicle Code (Code), as amended, 75 Pa. C.S. §1532(b)(2), which provides that a...

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