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SMITH v. DEPT. OF TRANSP.

800 A.2d 1004 (2002)

James Howard SMITH v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided June 20, 2002.

Attorney(s) appearing for the Case

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

J. Timothy George, Erie, for appellee.

Before COLINS, President Judge, LEADBETTER, Judge, MIRARCHI, JR., Senior Judge.

OPINION BY Judge LEADBETTER.

The Department of Transportation, Bureau of Driver Licensing (Department), appeals from the order of the Court of Common Pleas of Erie County that sustained James Howard Smith's appeal from a one-year license suspension imposed as a result of Smith's conviction in Kentucky for driving under the influence of alcohol. Common pleas sustained Smith's appeal due to the lack of evidence that Kentucky is a member of and has enacted the Driver...

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