Cudwadie v. Commonwealth

CRAIG, President Judge.

Bernard T. Cudwadie appeals from a decision of the Court of Common Pleas of Union County affirming the Department of Transportation’s suspension of Cudwadie’s license for one year pursuant to 75' Pa.C.S. § 1575 of the Vehicle Code. We reverse.

The facts in this case, as found by the trial court, are as follows. On May 27, 1990, Cudwadie permitted his companion for the evening, Brenda Derr, to drive Cudwadie’s vehicle. While driving Cudwadie’s car, Derr was arrested for driving under the influence, 75 Pa.C.S. § 3731. Cudwadie was charged with the same offense pursuant to…