Commonwealth v. Stewart

Opinion by

Judge Palladino,

The Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT) appeals an order of the Court of Common Pleas of Cambria County which reversed DOT’s suspension of Respondent Robert F. Stewart’s driving privileges. For the reasons set forth below, we reverse.

On July 14, 1984, a police officer received a call reporting that there had been an automobile accident. When he arrived on the scene of the accident, he observed Respondent leaning over the trunk of his car removing a spare tire. There was no one else around the vehicle. During the ensuing…