[Download] "Commonwealth Pennsylvania v. Benjamin Howard Emery" by Commonwealth Court of Pennsylvania # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Benjamin Howard Emery
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 26, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Before this Court is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Allegheny County, dated December 13, 1989, which permitted Benjamin Howard Emery (Emery) to appeal nunc pro tunc from an indefinite suspension of his operators license by DOT pursuant to Section 1538(c) of the Vehicle Code, 75 Pa. C.S. § 1538(c) (failure to attend a departmental hearing), and which sustained his appeal of the suspension. The issues before this Court are whether the trial court properly granted Emerys petition to appeal nunc pro tunc and whether DOT satisfied its initial burden of proof by producing records of convictions justifying the suspension of Emerys operators license. This Court finds that the appeal nunc pro tunc was properly granted and that DOT failed to satisfy its initial burden of proof.
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