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KALINA v. COM., DEPT. OF TRANSP.

929 A.2d 1233 (2007)

Mitchell James KALINA v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided July 20, 2007.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel In-Charge and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

David J. Flower, Somerset, for appellee.

BEFORE: McGINLEY, Judge and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.1

The Department of Transportation, Bureau of Driver Licensing (Department) appeals an order of the Somerset County Common Pleas Court (trial court) granting the statutory appeal of a license suspension filed by Mitchell James Kalina (Licensee). Department argues a nolle pros of an underlying criminal charge does not constitute a final determination as to eliminate a license suspension, and therefore the...

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