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

SMITH, Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals a September 29, 1993 order of the Cambria County Court of Common Pleas which sustained the appeal of Louis L. Wessel Jr. (Licensee) from a ninety-day suspension of his operating privilege pursuant to Section 13(m) of The Controlled Substance, Drug, Device and Cosmetic Act (Controlled Sub*1136stance Act), Act of April 14, 1972, P.L. 233, as amended, 35 P.S. § 780-113(m).1 The issues raised on appeal are whether the trial court erred as a matter of law when it sustained Licensee’s appeal because he was not…