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PennDOT v. ORLANDO

No. 1972 C.D. 1986.

114 Pa.Commw. 441 (1988)

538 A.2d 957

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. James Daniel Orlando, Appellee.

Commonwealth Court of Pennsylvania.

March 16, 1988.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Christopher J. Clements, Assistant Counsel, John L. Heaton, Chief Counsel, for appellant.

Carolyn W. Maricondi, for appellee.

Submitted on briefs October 8, 1987, to Judges BARRY, COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE BARRY, March 16, 1988:

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Fayette County which sustained the appeal of James Daniel Orlando (Orlando) and reversed DOT's one year suspension of his driver's license.

On February 22, 1986, Orlando was placed under arrest, after being stopped for erratic, high-speed driving and failing several field sobriety tests, for suspicion of driving while intoxicated...

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