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BUREAU OF TRAFFIC SAFETY v. GEARHART

No. 228 C.D. 1979.

50 Pa.Commw. 474 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. John G. Gearhart, Appellee.

Commonwealth Court of Pennsylvania.

April 14, 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.

Mark S. Fenice, for appellee.

Argued February 8, 1980, before Judges WILKINSON, JR., MENCER and CRAIG, sitting as a panel of three.

OPINION BY JUDGE MENCER, April 14, 1980:

The Department of Transportation, Bureau of Traffic Safety (Department) appeals an order of the Court of Common Pleas of Dauphin County which sustained an appeal by John G. Gearhart from the Department's order suspending his driving privilege under Section 1539 of the Vehicle Code of 1976 (Code), 75 Pa. C.S. § 1539. We reverse.

As of November 1977, Gearhart...

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