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DEPT. OF TRANSPORTATION v. PENDAL

Appeal, No. 398 C.D. 1971.

4 Pa.Commw. 71 (1971)

Department of Transportation v. Pendal.

Commonwealth Court of Pennsylvania.

December 22, 1971.

Attorney(s) appearing for the Case

David A. Johnston, Jr., Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Anthony J. Ciotola, with him Louis G. Feldmann, Feldmann and Ciotola, for appellee.

Argued November 10, 1971, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 22, 1971:

Police officers of the City of Hazleton observed and pursued a motor vehicle being operated within the City in a manner which they believed to be reckless. In the course of the pursuit, the lights of the fugitive vehicle were turned off. The vehicle was, nevertheless, overtaken by the police officers and the operator, the appellee here, was arrested and charged with reckless driving in violation of Section 1001 of The Vehicle...

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