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DEPT. TRANS. v. GROAT

No. 204 C.D. 1975.

22 Pa.Commw. 540 (1976)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Richard M. Groat. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant.

Commonwealth Court of Pennsylvania.

January 7, 1976.

Attorney(s) appearing for the Case

John J. Kennedy, Jr., Assistant Attorney General, with him John L. Heaton, Assistant Attorney General, Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Martin W. Sheerer, with him Dillman, Sheerer & Schuchert, for appellee.

Argued October 30, 1975, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., January 7, 1976:

The sole question presented in this motor vehicle operator's license revocation appeal is whether or not the Commonwealth met its burden of proving a violation of Section 1002(b)(8) of The Vehicle Code (Code), Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1002(b)(8). We hold that this burden was shouldered and reverse the order of the court...

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