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BUREAU OF TRAFFIC SAFETY v. KLINCHOCK

No. 457 C.D. 1978.

49 Pa.Commw. 361 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Regis Anthony Klinchock, Appellee.

Commonwealth Court of Pennsylvania.

February 20, 1980.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Attorney General, with him, Robert W. Cunliffe, Deputy Attorney General and Edward G. Biester, Jr., Attorney General, for appellant.

Charles E. Marker, of Marker and McBride, for appellee.

Submitted on briefs, November 13, 1979, to Judges CRUMLISH, JR., MENCER and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., February 20, 1980:

The Pennsylvania Department of Transportation (Department) suspended the operating privileges of Regis Anthony Klinchock for a 15-day period pursuant to Section 1538(b)(1)(iii) of the Vehicle Code, 75 Pa. C.S. § 1538(b)(1)(iii).

The Westmoreland County Common Pleas Court reversed. The Department now appeals to this Court. We reverse and reinstate the suspension.

On appeal from an order of the...

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