Smay v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION BY

Judge COHN JUBELIRER.

The Department of Transportation, Bureau of Driver Licensing (Bureau) appeals from an order of the Court of Common Pleas of Cambria County, Civil Division (civil trial court) sustaining the statutory appeal of Derek James Smay (Smay) from a 90-day suspension of his operating privileges.

Smay was issued a citation on September 17, 2005, by the University of Pittsburgh Police for an alleged violation of 18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages). (Civil Trial Ct. Op. Pursuant to Pa.…