Appeal, No. 72, April T., 1957, from order of County Court of Allegheny County, 1956, No. C-1964, in case of Commonwealth of Pennsylvania v. Albert J. Buchser. Order reversed.
Frederic G. Antoun, Deputy Attorney General, with him Thomas D. McBride, Attorney General, for appellant.
Thomas R. Neely and Scott, Neely & Dunn, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 185 Pa. Super. Page 56]
On February 24, 1956, Albert J. Buchser, the appellee, was apprehended by the Chief of Police of Salem Township, Westmoreland County, for driving his automobile on a public highway in that township at a speed of eighty-five miles per hour where the lawful limit was fifty miles per hour. Information was filed before a justice of the peace, and appellee was convicted of a violation of section 1002 (b) 6 of the Act of May 1, 1929, P.L. 905, Article X, as amended, 75 PS § 501 (b) 6.
Upon receiving notice of these facts the Secretary of Revenue cited appellee for hearing, which was conducted by a representative of the Secretary on September 10, 1956. The Secretary of Revenue suspended for the violation appellee's motor vehicle operator's license for a period of thirty days under section 615 of the Act of May 1, 1929, P.L. 905, Article VI, as amended, 75 PS § 192.
Thereupon appellee appealed to the County Court of Allegheny County which, after a hearing de novo, sustained appellee's appeal. From that order the Commonwealth has appealed to this Court.
The material facts are not controverted. It was established that appellee was driving his automobile on a public highway at a speed of eighty-five miles per hour where the lawful limit was fifty miles per hour; that it was raining; that appellee passed other traffic at the excessive speed; that appellee had twenty-three
[ 185 Pa. Super. Page 57]
years experience as a licensed operator. The decision of the court below was based upon its finding that appellee's speedometer was defective in that it did not register more than forty-eight or forty-nine miles per hour due to a mechanical defect.
Under the amendment of 1956 to section 616 of The Vehicle Code of May 1, 1929, P.L. 905, 75 PS § 193, our scope of review in this type of appeal is the same as heretofore in the Supreme Court. Com. ...