Carter v. COM., DEPT. OF TRANSP.

838 A.2d 869 (2003)

Robert F. CARTER, II,

v.

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Submitted on Briefs October 31, 2003.

Decided December 24, 2003.

Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

Jerry J. Russo, Harrisburg, for appellee.

BEFORE: SMITH-RIBNER, Judge, and LEADBETTER, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge LEADBETTER.

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from the order of the Court of Common…