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CREPS MOTOR VEHICLE OPERATOR LICENSE CASE. (12/12/62)

December 12, 1962

CREPS MOTOR VEHICLE OPERATOR LICENSE CASE.


Appeal, No. 205, April T., 1962, from order of Court of Common Pleas of Indiana County, March T., 1962, No. 431, in case of Commonwealth of Pennsylvania, Department of Revenue, Bureau of Traffic Safety, v. John H. Creps. Order affirmed.

COUNSEL

James G. Moore, for appellant.

Elmer T. Bolla, Deputy Attorney General, with him David Stahl, Attorney General, for Commonwealth, Appellee.

Before Rhodes, P.j., Ervin, Wright, Watkins, Montgomery, and Flood, JJ. (woodside, J., absent).

Author: Montgomery

[ 200 Pa. Super. Page 19]

OPINION BY MONTGOMERY, J.

The Secretary of Revenue suspended the motor vehicle operating license of John H. Creps, appellant, for driving at an excessive rate of speed in violation of § 1002 of The Vehicle Code.*fn1 The Court of Common Pleas of Indiana County sustained that action and this appeal followed.

On May 12, 1961, appellant was apprehended by the Pennsylvania State Police for speeding at the rate of 70 miles per hour in a 50 mile per hour speed zone, on Route 22, in Westmoreland County, Pennsylvania. An information was filed before a Justice of the Peace in New Alexandria, Pennsylvania, on May 25, 1961, and the defendant subsequently paid fine and costs totaling $15. A departmental hearing was conducted on December 27, 1961, at which time the appellant appeared and testified. On the basis of information in file and adduced at said hearing, a two month suspension was imposed.

The appellant contends that the Commonwealth failed to prove that the speedometer of the arresting officer's vehicle had been tested or that it was accurate.

Section 1002 of The Vehicle Code provides in part:

"... the rate of speed may be timed, for a distance of not less than one-quarter (1/4) mile, by a peace officer using a motor vehicle equipped with a speedometer tested for accuracy within a period of thirty (30) days prior to the alleged violation. An official certificate

[ 200 Pa. Super. Page 20]

    from an official speedometer testing station, showing such test was made, that the speedometer was adjusted for accuracy, if necessary, the date thereof, and the degree of accuracy of such speedometer, shall be competent and prima facie evidence of the fact that such certificate was issued by an official speedometer testing station appointed by the secretary, and of the accuracy of ...


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