DOHERTY v. COM., DEPT. OF TRANSP.


921 A.2d 532 (2006)

Brendan Joseph DOHERTY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided December 29, 2006.

Publication Ordered March 30, 2007.


Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

Peter J. McHugh, Exton, for appellee.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.


OPINION BY Judge McGINLEY.

The Department of Transportation (DOT) appeals from the order of the Court of Common Pleas of Chester County (trial court) which sustained the statutory appeal of Brendan Doherty (Licensee) from the requirement that he comply with Act 63 of 2000 ("Act 63"), formerly 42 Pa.C.S. §§ 7001-7003 (repealed) (relating to ignition interlock devices).1

On September 19, 1997, Licensee was arrested in Wyoming...

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