Commonwealth, Department of Transportation v. Wagner

Opinion by

Senior Judge Kalish,

The Department of Transportation, Bureau of Driver Licensing (DOT), appeals an order of the Court of *449Common Pleas of Philadelphia County which ordered DOT to suspend appellees, James E. Wagner, motor vehicle operating privileges for a period of thirty days, thereby revoking DOT’s fifty-five day suspension of appellees license. We reverse the trial court.

On December 6, 1985, appellee was notified by DOT that he had accumulated eight points on his driving record and would be notified of a departmental hearing pursuant to section 1538(b) of the Vehicle Code (Code),…