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COM., DEPT. OF TRANSP. v. NICASTRO

142 Pa.Commw. 227 (1991)

597 A.2d 208

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Frank NICASTRO, Jr., Appellee.

Commonwealth Court of Pennsylvania.

Decided August 28, 1991.

Attorney(s) appearing for the Case

David R. White, for appellant.

Joseph P. Green, Jr., for appellee.

Before DOYLE and PELLEGRINI, JJ., and NARICK, Senior Judge.

DOYLE, Judge.

The Department of Transportation (Department) appeals an order of the Court of Common Pleas of Philadelphia County which set aside the suspension of the operating privileges of Frank Nicastro, Jr.

On October 13, 1989, the police observed Nicastro driving erratically and stopped his vehicle. The police officer detected an odor of alcohol on Nicastro's breath and noticed that Nicastro's...

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