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PennDOT v. JACKSON

No. 3566 C.D. 1983.

113 Pa.Commw. 253 (1988)

536 A.2d 880

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Edwin Jackson, Appellee.

Commonwealth Court of Pennsylvania.

February 3, 1988.

Attorney(s) appearing for the Case

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

Cornell J. Mickens, for appellee.

Submitted on briefs September 22, 1987, to Judges MacPHAIL and BARRY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 3, 1988:

The Department of Transportation, Bureau of Traffic Safety (Department) has appealed from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Edwin A. Jackson (Licensee) from the Department's one-year suspension of his driver's license. We reverse.

The record reveals that, in the early hours of August 20, 1983, Licensee was placed under arrest for driving under the influence....

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