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CAPONE v. COM., PENNDOT

875 A.2d 1228 (2005)

Phyllis A. CAPONE v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided June 8, 2005.

Attorney(s) appearing for the Case

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

Thomas A. Fosnocht, Jr., Phoenixville, for appellee.

BEFORE: FRIEDMAN, J., SIMPSON, J., and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

The Department of Transportation, Bureau of Driver Licensing (PennDOT) challenges an order that overturned Phyllis A. Capone's (Licensee) three-month license suspension for permitting the use of her uninsured vehicle. Concluding PennDOT satisfied its burden of proving a prima facie violation of Section 1786(d)(1) of the Vehicle Code, 75 Pa.C.S. § 1786(d)(1), and no statutory defense applies, we reverse.

In February 2004...

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