Schmidt v. Pa. D.O.T., Bureau of Driver Licensing (Concurring Statement)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT JASON DAVID SCHMIDT, : : Appellee : : : v. : : : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : : Appellant : : : No. 23 MAP 2000 Direct appeal from the order of the Court of Common Pleas of Chester County, Civil Division, at No. 99-08272, entered October 28, 1999. CONCURRING STATEMENT MR. JUSTICE CAPPY FILED: June 20, 2001 The reasons the court of common pleas gave in its memorandum opinion in support of its decision to sustain appellee's statutory appeal from the suspension of his operating privileges are identical to the reasons the court gave in its memorandum opinion in Crooks v. Commonwealth, Dep't. of Transp., 768 A.2d 1106 (Pa. 2001). I, therefore, join the per curiam reversal of the trial court's order rescinding the suspension for the reasons set forth more fully in my concurring and dissenting opinion in Crooks.

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