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COM., DEPT. OF TRANSP. v. DUNCAN

144 Pa.Commw. 261 (1991)

601 A.2d 456

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Kathleen DUNCAN, Appellee.

Commonwealth Court of Pennsylvania.

Decided December 20, 1991.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel-in-Charge of Appellate Section, for appellant.

Ronald P. Koerner, for appellee.

Before COLINS and BYER, JJ., and BARBIERI, Senior Judge.

BYER, Judge.

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Allegheny County sustaining Kathleen Duncan's appeal of her operating privilege suspension.

The facts are not in dispute. In April 1986, Duncan was issued a citation charging her with violating section 3345(a) of the Vehicle Code, 75 Pa.C.S. § 3345(a).1 Duncan paid her

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