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FELL v. COM., DEPT. OF TRANSP., BUREAU

925 A.2d 232 (2007)

William H. FELL, III v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellant.

Commonwealth Court of Pennsylvania.

Filed June 8, 2007.

Attorney(s) appearing for the Case

Marc A. Werlinsky, King of Prussia and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

Colin M. Jenei, New Hope, for appellee.

BEFORE: LEADBETTER, President Judge, and COLINS, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN JUBELIRER.

The Department of Transportation, Bureau of Motor Vehicles (DOT), appeals from an order of the Court of Common Pleas of Bucks County (trial court) sustaining the petition for appeal from a suspension of the vehicle registration of William H. Fell, III (Fell). At issue is whether Fell presented clear and convincing evidence that his automobile was insured on May 14, 2005, and continuously thereafter, as required by the Motor Vehicle...

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