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PennDOT v. WIXON

No. 1236 C.D. 1985.

116 Pa.Commw. 418 (1988)

541 A.2d 853

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Michael J. Wixon, Appellee.

Commonwealth Court of Pennsylvania.

May 27, 1988.

Attorney(s) appearing for the Case

Christopher J. Clements, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

William R. Bernhart, for appellee.

Submitted on briefs February 22, 1988, to Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, May 27, 1988:

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of Berks County which dismissed the suspension of appellee's, Michael J. Wixon, driving privileges. We affirm the trial court.

Appellee was arrested for driving while under the influence of alcohol, after a police officer saw him driving erratically. Before the trial court, appellee did not contend that...

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