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COM., DEPT. OF TRANSP. v. KILRAIN

140 Pa.Commw. 484 (1991)

593 A.2d 932

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Joseph H. KILRAIN, Appellee.

Commonwealth Court of Pennsylvania.

Decided June 18, 1991.

Petition for Allowance of Appeal Denied November 8, 1991.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel, for appellant.

James A. Gillin, for appellee.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

PALLADINO, Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of Delaware County (trial court) which reversed DOT's suspension of Joseph Kilrain's (Licensee) driver's license. We reverse and reinstate the suspension.

The undisputed facts are as follows. A Haverford Township police officer (Officer) stopped Licensee after observing him operate his vehicle in a haphazard manner. Officer noticed...

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