BUR. OF TRAFFIC SAFETY v. PASSERELLA

No. 460 C.D. 1977.

42 Pa.Commw. 352 (1979)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Donald Passerella, Appellee.

Commonwealth Court of Pennsylvania.

May 1, 1979.


Attorney(s) appearing for the Case

Harold Cramer, Assistant Attorney General, with him John L. Heaton, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

No appearance for appellee.

Argued October 30, 1978, before Judges CRUMLISH, JR., MENCER and CRAIG, sitting as a panel of three.


OPINION BY JUDGE CRUMLISH, JR., May 1, 1979:

The Commonwealth appeals an order of the Common Pleas Court of Cambria County setting aside the revocation of the motor vehicle operating privileges of Donald Passerella (Appellee).1 We reverse, there being a clear violation of the Vehicle Code (Code)2 and an administrative delay is immaterial in mitigation.

On March 3, 1976, Appellee entered a plea of guilty...

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