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KOZIENIAK v. COM., DEPT. OF TRANSP.

100 A.3d 326 (2014)

Michael A. KOZIENIAK v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided September 4, 2014.

Attorney(s) appearing for the Case

Terrance M. Edwards , Assistant Counsel, Harrisburg, for appellant.

John M. O'Connell, Jr. , Greensburg, for appellee.

BEFORE: BERNARD L. McGINLEY, Judge, MARY HANNAH LEAVITT, Judge, P. KEVIN BROBSON, Judge.

OPINION BY Judge LEAVITT.

The Department of Transportation, Bureau of Driver Licensing (PennDOT), appeals an order of the Court of Common Pleas of Westmoreland County (trial court) reversing the one-year disqualification of Michael A. Kozieniak's (Licensee) commercial driver's license pursuant to Section 1611(a)(1) of the Vehicle Code, 75 Pa.C.S. § 1611(a)(1). PennDOT contends that the trial court erred in holding that PennDOT's disqualification of Licensee to...

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