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PENNDOT v. McVAY

No. 2149 C.D. 1982.

95 Pa.Commw. 154 (1986)

504 A.2d 980

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Timothy James McVay, Appellee.

Commonwealth Court of Pennsylvania.

February 14, 1986.

Attorney(s) appearing for the Case

Kenneth E. Kendell, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

No appearance for appellee.

Submitted on briefs October 22, 1985, to Judges MACPHAIL, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE BARRY, February 14, 1986:

This appeal stems from an order of the McKean County Court of Common Pleas which reversed the Department of Transportation's (DOT) driver's license suspension of the appellee, Timothy James McVay. We must determine whether the trial court committed error in reversing the suspension.

The appellee was cited on July 7, 1980 by Bradford City police for fleeing or attempting to elude a

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