Commonwealth v. Cunningham

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 6, 1988, pursuant to Section 1532(b)(3) of the Code, 75 Pa.C.S. § 1532(b)(3). Appellee was directed to surrender his license to DOT, which he…