Appeal, No. 268, Oct. T., 1961, from order of Court of Common Pleas of Franklin County, Miscellaneous Docket, Volume T, page 304, in case of Commonwealth of Pennsylvania v. Ruby G. Hamsher. Order reversed.
Elmer T. Bolla, Deputy Attorney General, with him Anne X. Alpern, Attorney General, for Commonwealth, appellant.
George C. Eppinger, for appellee.
Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).
[ 196 Pa. Super. Page 337]
This appeal by the Commonwealth is from a decision of the Court of Common Pleas of Franklin County reversing an order of the Secretary of Revenue that suspended appellee's license for one year.
The appellee, Ruby G. Hamsher, pleaded guilty in the Court of Quarter Sessions of Franklin County to the charge of operating a motor vehicle after her license had been suspended. This offense is a violation of § 624(6) of The Vehicle Code of April 29, 1959, P.L. 58, 75 P.S. § 624(6), and it is specified as a misdemeanor.
[ 196 Pa. Super. Page 338]
Upon receiving a certification of this conviction, the Secretary of Revenue suspended Mrs. Hamsher's license under 618(a)(2), of The Vehicle Code, supra, 75 P.S. 618(a)(2), which provides: "(a) The secretary may suspend the operating privilege of any person, with or without a hearing before the secretary or his representative, upon receiving a record of proceedings, if any, in which such person pleaded guilty, ... or whenever the secretary finds upon sufficient evidence:
"(2) That such person has been convicted of a misdemeanor, or has forfeited bail upon such a charge, in the commission of which a motor vehicle or tractor was used."
Mrs. Hamsher argues that for the conviction here involved the secretary could proceed only under § 618(b)(2). This section provides: "(b) The secretary may suspend the operator's license ... of any person, after a hearing before the secretary or his ...