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COM., DEPT. OF TRANSP. v. ZURKA

135 Pa.Commw. 238 (1990)

580 A.2d 466

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Bruce ZURKA, Appellee.

Commonwealth Court of Pennsylvania.

Decided September 20, 1990.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel-in-Charge, Appellate Section, with him, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

W. Russell Carmichael, Lang and Carmichael, for appellee.

Before SMITH and PELLEGRINI, JJ., and SILVESTRI, Senior Judge.

SILVESTRI, Senior Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from the order of the Court of Common Pleas of Delaware County, entered October 18, 1989, which sustained Bruce Zurka's (Zurka) appeal of his license suspension. We reverse that order.

The history of this case is somewhat novel and unique. On June 29, 1985, Zurka was arrested for driving under the influence of alcohol or a controlled substance, in violation...

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