PennDOT v. SMITH

No. 448 C.D. 1987.

114 Pa.Commw. 420 (1988)

539 A.2d 22

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Charles B. Smith, Appellee.

Commonwealth Court of Pennsylvania.

March 16, 1988.


Attorney(s) appearing for the Case

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

Harvey A. Yanks, for appellee.

Submitted on briefs February 23, 1988, to Judges DOYLE, BARRY, and Senior Judge NARICK, sitting as a panel of three.


OPINION BY SENIOR JUDGE NARICK, March 16, 1988:

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department) from a decision of the Court of Common Pleas of Philadelphia County which reversed the Department's suspension of the operating privileges of Charles B. Smith. We reverse.

The relevant facts before us in the record are as follows. On March 9, 1986, Mr. Smith was arrested for driving under...

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