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GARBUSH MOTOR VEHICLE OPERATOR LICENSE CASE. (03/22/61)

March 22, 1961

GARBUSH MOTOR VEHICLE OPERATOR LICENSE CASE.


Appeal, No. 23, Feb. T., 1961, from order of Court of Common Pleas of Luzerne County, July T., 1960, No. 85, in case of Commonwealth of Pennsylvania v. Michael Garbush. Order reversed.

COUNSEL

Elmer T. Bolla, Deputy Attorney General, with him Anne X. Alpern, Attorney General, for Commonwealth, appellant.

No argument was made nor brief submitted for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Woodside

[ 194 Pa. Super. Page 397]

OPINION BY WOODSIDE, J.

Michael Garbush, a Pennsylvania resident to whom this Commonwealth issued an operator's license, was convicted in Connecticut of operating a motor vehicle while under the influence of intoxicating liquor on October 1, 1959, and paid a fine of $100.

Notice of the conviction was received by the Pennsylvania Secretary of Revenue and after a hearing, he suspended Garbush's operator's license for six months commencing April 13, 1960. See § 618(e) of The Vehicle Code of April 29, 1959, P.L. 58, 75 P.S. § 618(e). Garbush appealed to the Court of Common Pleas of Luzerne County and obtained a supersedeas. Thereafter,

[ 194 Pa. Super. Page 398]

    the privilege of operating a motor vehicle in Connecticut was suspended by that state for one year commencing October 22, 1960. Although the Pennsylvania suspension was made by the Secretary of Revenue prior to the Connecticut suspension, the court below sustained the appeal on the ground that to suspend Garbush's Pennsylvania license "at this time," after his privilege to operate a vehicle in Connecticut was suspended, "would impose consecutive penalties against him for the same offense." This was palpable error.

For the reasons set forth in Levy Motor Vehicle Operator License Case, 194 Pa. Superior Ct. 390, 169 A.2d 596 (1961), the court below must be reversed.

Disposition

Order of the court below is reversed, and the order of the Secretary of Revenue suspending ...


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