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SIMEONE v. COMMONWEALTH, DEPT. OF TRANSP.

798 A.2d 314 (2002)

Mark SIMEONE v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 15, 2002.

Attorney(s) appearing for the Case

Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

Shawn M. Stevenson, Pittsburgh, for appellee.

BEFORE: LEADBETTER, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Senior Judge McCLOSKEY.

The Department of Transportation, Bureau of Driver Licensing (DOT), appeals from an order of the Court of Common Pleas of Allegheny County (trial court), sustaining the statutory appeal of Mark Simeone (Licensee) from the one-year suspension of his operating privilege imposed by DOT pursuant to Sections 1532(b)(3) and 1581 of the Vehicle Code (Code), 75 Pa.C.S. § 1532(b)(3), 1581.1 We reverse.

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