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OESTERLING v. COM., DEPT. OF TRANSP.

858 A.2d 637 (2004)

Eric Albert OESTERLING v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided July 14, 2004.

Publication Ordered September 29, 2004.

Attorney(s) appearing for the Case

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

No appearance entered on behalf of appellee.

BEFORE: McGINLEY, Judge, LEAVITT, Judge, and MIRARCHI, JR., Senior Judge.

OPINION BY Senior Judge MIRARCHI.

Before this Court is an appeal by the Department of Transportation, Bureau of Driver Licensing (Department) from an order of the Court of Common Pleas of Butler County (trial court) sustaining the appeal of Eric Albert Oesterling (Oesterling) from a six-month suspension of his driving privilege. We reverse.

The facts in this appeal are undisputed. On November 16, 2001, Oesterling...

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