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

OPINION BY

Judge LEAVITT.

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (Department), appeals an order of the Court of Common Pleas of Westmoreland County (trial court), which allowed Richard A. Rutkowski (Licensee) to appeal his driver license suspension on a nunc pro tunc basis. The Department contends that the trial court abused its discretion in allowing his appeal because Licensee failed to prove that fraud or a breakdown in the administrative or judicial process had occurred. On the merits, the Department argues that its documentary evidence of Licensee’s…