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COM., DEPT. OF TRANSP. v. CUNNINGHAM

146 Pa.Commw. 185 (1992)

604 A.2d 1212

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. John L. CUNNINGHAM, Appellee.

Commonwealth Court of Pennsylvania.

Decided March 4, 1992.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel-in-Charge of Appellate Section, for appellant.

William J. Gallagher, 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 from an order of the Court of Common Pleas of Chester County (trial court) which restored the driving privileges of John L. Cunningham (Appellee). We reverse.

Appellee was convicted under Section 3731(a)(1) of the Vehicle Code (Code), 75 Pa.C.S. § 3731(a)(1) (driving under the influence), for which DOT suspended Appellee's license for one year, effective April...

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