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PennDOT v. DERHAMMER

No. 2566 C.D. 1986.

118 Pa.Commw. 364 (1988)

544 A.2d 1132

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Melvin R. Derhammer, Appellee.

Commonwealth Court of Pennsylvania.

August 3, 1988.

Attorney(s) appearing for the Case

Donald H. Poorman, Assistant Counsel, with him, Harold Cramer, Assistant Counsel, and John L. Heaton, Chief Counsel, for appellant.

No appearance for appellee.

Submitted on briefs June 7, 1988, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, August 3, 1988:

The Department of Transportation, Bureau of Traffic Safety (DOT) appeals an order of the Court of Common Pleas of Luzerne County (trial court) which sustained the appeal of Melvin R. Derhammer (Appellee) and reversed a one-year suspension of his motor vehicle operating privileges. We reverse.

On March 23, 1986, Appellee was involved in a one-vehicle accident in Kingston Township, Luzerne County. Appellee was injured...

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