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PEACHEY v. COM., DEPT. OF TRANSP.

No. 2251 C.D. 2008

979 A.2d 951 (2009)

Gary L. PEACHEY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 13, 2009.

Attorney(s) appearing for the Case

Philip M. Bricknell, Asst. Counsel and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

No appearance entered on behalf of appellee.

BEFORE: LEADBETTER, President Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (DOT), appeals from the October 29, 2008, order of the Court of Common Pleas of Centre County (trial court), which sustained the statutory appeal of Gary L. Peachey (Licensee) from DOT's recall of his operating privileges pursuant to section 1519(c) of the Vehicle Code, 75 Pa.C.S. § 1519(c) (relating to a determination of incompetency to drive...

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