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NYMAN MOTOR VEHICLE OPERATOR LICENSE CASE (03/23/71)

decided: March 23, 1971.

NYMAN MOTOR VEHICLE OPERATOR LICENSE CASE


Appeal from order of Court of Common Pleas of Centre County, June T., 1970, No. 82, in case of Commonwealth of Pennsylvania v. Harold L. Nyman.

COUNSEL

Anthony J. Maiorana, Assistant Attorney General, with him Elmer T. Bolla, Deputy Attorney General, and Fred Speaker, Attorney General, for Commonwealth, appellant.

John R. Miller, with him Miller, Kistler, Lee & Campbell, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Jacobs, J.

Author: Jacobs

[ 218 Pa. Super. Page 222]

This case involves the point system for driver education, testing, and suspension under § 619.1 of The Vehicle Code of April 29, 1959, P. L. 58, as amended, 75 P.S. § 619.1.

On March 19, 1969, the appellee was operating his motor vehicle, at approximately 1:20 a.m., on a public highway in Beech Creek Township, Clinton County. His speed was timed by a state police trooper for one-fourth of a mile. Appellee, without stopping, proceeded into Centre County where, at approximately 1:25 a.m., he was again timed by the same state trooper for one-fourth of a mile. On March 27, 1969, the trooper filed two informations: one before a magistrate in Clinton County charging the appellee with driving at 95 miles per hour, at 1:20 a.m. in Clinton County, when the speed limit was 55 miles per hour, and the other before

[ 218 Pa. Super. Page 223]

    a magistrate in Centre County charging appellee with driving 110 miles per hour, at 1:25 a.m. in Centre County, when the speed limit was 55 miles per hour.

The appellee pleaded guilty and paid the fine in Centre County on April 7, 1969. He pleaded guilty and paid the fine in Clinton County on April 8, 1969. The Secretary of Revenue notified appellee, on May 2, 1969, that as a result of the Centre County conviction six points had been assigned to his driving record as of April 7, 1969, giving him a total point accumulation of 12 points. He was also notified that he had received a 120-day suspension of operator's license, being 60 days mandated under § 619.1(b) for exceeding the speed limit by more than 30 miles per hour and 60 days mandated under § 619.1(i) and (k) for an accumulation of 11 or more points. The suspension was effective May 19, 1969. The suspension was served by the appellee and his license was restored September 9, 1969. On May 15, 1970, appellee was notified that he had received a suspension of 150 days as a result of the Clinton County conviction, to become effective June 1, 1970. The suspension was computed as follows: a mandatory suspension of 60 days under § 619.1(b) for exceeding the speed limit by more than 30 miles per hour and a suspension of 90 days as mandated by § 619.1(i) and (k) for a second accumulation of 11 points. The appellee appealed to the lower court from the 150-day suspension.

The lower court set aside the suspension. The court decided that this "single continuous pursuit" would support only one arrest, stating that to be the issue of the case. It held that it was the duty of the officer to stop the defendant as soon as it reasonably could be done and that the officer could charge the violator with only one valid speed clock completed during the chase. The court then set aside the Clinton County conviction and held the appealed suspension invalid

[ 218 Pa. Super. Page 224]

    for that reason. Although saying that Commonwealth v. Muth, 397 Pa. 106, 153 A.2d 497 (1959), was not controlling, the court applied ...


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