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SMAY v. COM. DEPT. OF TRANSP.

940 A.2d 540 (2007)

Derek James SMAY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided November 9, 2007.

Publication Ordered January 8, 2008.

Attorney(s) appearing for the Case

Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

Michael J. Menner, Canonsburg, for appellee.

BEFORE: PELLEGRINI, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN JUBELIRER.

The Department of Transportation, Bureau of Driver Licensing (Bureau) appeals from an order of the Court of Common Pleas of Cambria County, Civil Division (civil trial court) sustaining the statutory appeal of Derek James Smay (Smay) from a 90-day suspension of his operating privileges.

Smay was issued a citation on September 17, 2005, by the University of Pittsburgh Police for an alleged violation of 18 Pa.C.S. § 6308...

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