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COM., DEPT. OF TRANSP. v. ELKO

155 Pa.Commw. 24 (1993)

624 A.2d 717

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Nicholas ELKO, Appellee.

Commonwealth Court of Pennsylvania.

Decided April 13, 1993.

Attorney(s) appearing for the Case

Harold Cramer, Chief Counsel, for appellant.

Daniel P. Beisler, Jr., for appellee.

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

DOYLE, Judge.

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (Department) appeals from the order of the Court of Common Pleas of Allegheny County sustaining Nicholas Elko's (Licensee's) appeal from a one-year suspension of his operating privilege pursuant to Section 1547 of the Vehicle Code, 75 Pa.C.S. § 1547.

On March 3, 1991, Licensee was stopped by Officer Theodore Dixon at approximately 5:06 a.m. after that officer initially...

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