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PennDOT v. RINEHART

No. 3435 C.D. 1985.

113 Pa.Commw. 452 (1988)

537 A.2d 930

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Albert S. Rinehart, Appellee.

Commonwealth Court of Pennsylvania.

February 16, 1988.

Attorney(s) appearing for the Case

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

No appearance for appellee.

Submitted on briefs November 25, 1987, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, February 16, 1988:

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (DOT) appeals a decision of the Court of Common Pleas of Allegheny County (trial court), reinstating the operating privileges of Albert A. Rinehart (Rinehart). For the reasons set forth below, we reverse.

On December 13, 1984, Rinehart was convicted of violating section 1543(a) of the Vehicle Code, 75 Pa. C. S. §1543(a) (driving while...

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