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McCrea v. Commonwealth

Order sustaining appeal from suspension of operator's privileges affirmed; trial court did not err by permitting licensee to appeal notice of suspension nunc pro tunc because PennDOT had no basis to send notice of suspension to a Pennsylvania address when it was in possession of a current Delaware address obtained by the police; licensee proved an administrative breakdown supporting grant of an appeal nunc pro tunc.

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Submitted: June 29, 2001

OPINION

The Department of Transportation, Bureau of Driver Licensing (Department) appeals the order of the Court of Common Pleas of Allegheny County (trial court) sustaining the appeal of Robert L. McCrea, Jr. from the suspension of his Pennsylvania operator’s privileges. The issue raised by the Department on this appeal does not concern the merits of whether the evidence at the trial de novo supports the trial court’s sustaining McCrea’s appeal. Rather, the issue concerns whether the trial court erred by permitting McCrea to appeal the notice of suspension of his Pennsylvania’s driving privileges nunc pro tunc. We affirm.

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