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BUREAU OF TRAFFIC SAFETY v. VAIL

No. 197 C.D. 1980.

64 Pa.Commw. 243 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Michael Vail, Appellee.

Commonwealth Court of Pennsylvania.

January 26, 1982.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, Transportation, and Jay C. Waldman, General Counsel, for appellant.

No appearance for appellee.

Argued December 17, 1981, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL.

The Commonwealth of Pennsylvania's Department of Transportation (Department) appeals a Delaware County Court of Common Pleas order imposing a thirty day suspension of Michael Vail's (Appellee) motor vehicle operating privileges. The Department had originally imposed a 110 day suspension under Section 1539 of the Vehicle Code, 75 Pa. C.S. § 1539. We reverse.

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