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BUREAU OF TRAFFIC SAFETY v. McDEVITT.

No. 1336 C.D. 1979.

57 Pa.Commw. 589 (1981)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Patrick A. McDevitt, Appellee.

Commonwealth Court of Pennsylvania.

March 18, 1981.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, Transportation, and Harvey Bartle, III, Acting Attorney General, for appellant.

Robert O. Baldi, Cordes, King & Associates, P.C. for appellee.

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

OPINION BY JUDGE PALLADINO, March 18, 1981:

The Department of Transportation (Department) appeals an order of the Court of Common Pleas of Bucks County which held that the Department could not revoke appellee's operating privileges under the habitual offender provision, Section 1542 of the Vehicle Code (Code), 75 Pa. C.S. § 1542. We reverse.

On April 8, 1978, appellee was charged with (1) driving under the influence of alcohol and (2) driving without...

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