Commonwealth v. Shain

Opinion by

Senior Judge Narick,

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (Department) from an order of the Court of Common Pleas of Berks County which reversed the Departments recall of the operating privileges of Edward D. Shain (Appellee). We reverse.

On April 30, 1986, the Department notified Appellee that his drivers license was being recalled pursuant to 75 Pa. C. S. §1519(c). The department based its actions upon a letter dated March 4, 1986 received from Scott S. Duffy, M.D., Appellees physician which indicated that Appellee had suffered a grand…