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GIGOUS v. COM., DEPT. OF TRANSP.

No. 1559 C.D. 2008.

966 A.2d 1200 (2009)

Travis James GIGOUS, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING.

Commonwealth Court of Pennsylvania.

Decided March 2, 2009.

Attorney(s) appearing for the Case

Steve Rice, Gettysburg, for appellant.

Terrance M. Edwards, Asst. Counsel and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellee.

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

OPINION BY Judge SIMPSON.

The issue in this driver's license suspension appeal is whether Travis James Gigous (Licensee) is a first-time offender and therefore not subject to license suspension for a violation of Section 3802(a)(1) of the Vehicle Code, 75 Pa.C.S. § 3802(a)(1) (driving under the influence of alcohol or controlled substance (DUI), general impairment). Licensee appeals an order of the Court of Common Pleas of Adams County (trial court) that upheld...

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