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PennDOT v. McBREARTY

No. 772 C.D. 1987.

123 Pa.Commw. 257 (1989)

553 A.2d 1036

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Kevin McBrearty, Appellee.

Commonwealth Court of Pennsylvania.

February 1, 1989.

Attorney(s) appearing for the Case

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

No appearance for appellee.

Submitted on briefs August 30, 1988, to Judges BARRY and SMITH, and Senior judge NARICK, sitting as a panel of three.

OPINION BY JUDGE SMITH, February 1, 1989:

The Department of Transportation, Bureau of Driver Licensing (DOT), appeals from an order of the Court of Common Pleas of Philadelphia County sustaining the appeal of Kevin Charles McBrearty (McBrearty) from DOT's six-month revocation of his vehicle operating privileges pursuant to Section 1543 of the Vehicle Code (Code), 75 Pa. C. S. §1543 (driving while operating...

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