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PennDOT v. BAILEY

No. 2034 C.D. 1987.

116 Pa.Commw. 312 (1988)

541 A.2d 1167

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Timothy W. Bailey, Appellee.

Commonwealth Court of Pennsylvania.

May 23, 1988.

Attorney(s) appearing for the Case

Melissa K. Dively, Assistant Counsel, with her, Harold H. Cramer, Assistant Chief Counsel, John L. Heaton, Chief Counsel, for appellant.

Lawrence L. Davis, for appellee.

Submitted on briefs March 7, 1988, to President Judge CRUMLISH, JR., and Judge COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, May 23, 1988:

The Department of Transportation (DOT) appeals the order of the Court of Common Pleas of Cambria County remanding the instant matter to a magistrate for further factual determinations regarding Timothy W. Bailey's (appellee) conviction for violation of Section 3743(a) of the Vehicle Code, (Code) 75 Pa. C. S. §3743(a) (accidents involving damage to attended vehicle or property). We reverse and reinstate DOT's suspension of...

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