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COM., DEPT. OF TRANSP. v. TOMCZAK

132 Pa.Commw. 38 (1990)

571 A.2d 1104

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Stanley TOMCZAK, Appellee.

Commonwealth Court of Pennsylvania.

Decided March 14, 1990.

Attorney(s) appearing for the Case

Donald H. Poorman, Asst. Counsel, Harold H. Cramer, Asst. Chief Counsel and John L. Heaton, Chief Counsel, for appellant.

David M. Dougherty, Jacoby & Meyers, Philadelphia, for appellee.

Before DOYLE and McGINLEY, JJ., and BARBIERI, Senior Judge.

DOYLE, Judge.

The Pennsylvania Department of Transportation (Department) appeals an order of the Court of Common Pleas of Philadelphia County vacating the suspension of Stanley Tomczak's driver's license by the Department pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa.C.S. § 1547(b).1 We reverse.

At the hearing de novo before the common pleas court, State Trooper Joseph Carcaci testified that he was directing...

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