Appeal from order of Court of Common Pleas of Delaware County, No. 11,640 of 1963, in case of Commonwealth of Pennsylvania v. Edward P. Smith.
Elmer T. Bolla, Deputy Attorney General, with him Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.
I. B. Sinclair, for appellee.
Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent). Opinion by Woodside, J. Dissenting Opinion by Ervin, J. Wright, J., joins in this opinion.
[ 204 Pa. Super. Page 380]
This case involves the revocation of a motor vehicle operator's license. The revocation of Edward P. Smith's license followed his plea of guilty in Union County to the charge of burglary on which he was sentenced to a fine and a suspended prison term.
Section 616 of The Vehicle Code of April 29, 1959, P. L. 58, 75 P.S. § 616, provides, inter alia, as follows:
"(a) Upon receiving a certified record, from the clerk of the court, of proceedings in which a person pleaded guilty, entered a plea of nolo contendere, or
[ 204 Pa. Super. Page 381]
was found guilty by a judge or jury, of any of the crimes enumerated in this section, the secretary shall forthwith revoke, for a period of one (1) year from the date of revocation, the operating privilege of any such person, . . . Bases requiring such certification follow:
"(1) Operating a motor vehicle or tractor while under the influence of intoxicating liquor, . . .
"(2) Any crime punishable as a felony under the motor vehicle or tractor laws of this Commonwealth, or any other felony in the commission of which a motor vehicle or tractor is used.
"(3) Conviction of an operator of a motor vehicle or tractor involved in an accident, resulting in injury or death to any person or damage to property, upon the charge of failing to stop and render assistance or ...