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COMMONWEALTH v. SMITH (06/29/71)

decided: June 29, 1971.

COMMONWEALTH
v.
SMITH



Appeal from the Order of the Court of Common Pleas, Civil Division, of Allegheny County, at No. SA-827 of 1970 in case of Commonwealth of Pennsylvania v. Howard D. Smith.

COUNSEL

Anthony J. Maiorana, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

No appearance for appellee.

Judges Kramer, Wilkinson, Jr., and Mencer, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 2 Pa. Commw. Page 533]

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Allegheny County reversing the order of the Secretary of Transportation (formerly the Secretary of Revenue) suspending the motor vehicle license of Howard D. Smith for seventy-five days.

Appellee filed a Motion to Quash on the ground that the appeal was not perfected until a date beyond the 30-day appeal period as set down in the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. (Act No. 223), 17 P.S. § 211.502(a). An examination of the record reveals that the appeal was taken within the thirty-day period, and the Motion to Quash is therefore denied.

On August 24, 1969, appellee was apprehended by the Pennsylvania State Police for speeding 77 m.p.h. in a 65 m.p.h. zone in violation of Section 1002(b)(7) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1002(b)(7). An information was filed against him, and, without appearing before the Magistrate, he paid the fine and costs on September 15, 1969. A report of this conviction was sent to the Department of Transportation by the Magistrate, and six points were assigned to appellee's driving record as mandated by Section 619.1(b) of The Vehicle Code, as amended, 75 P.S. § 619.1(b). A notice of this six-point

[ 2 Pa. Commw. Page 534]

    assignment, dated January 16, 1970, was sent to appellee, and he was further directed to attend Driver Improvement School. Appellee attended this school and satisfactorily completed its requirements, and, as specified by Section 619.1(f),*fn1 one point was credited to his driving record thus reducing his total point accumulation to five points.

On March 5, 1970, appellee was apprehended by the Pennsylvania State Police for speeding 84 m.p.h. in a 65 m.p.h. zone again in violation of Section 1002(b)(7) of The Vehicle Code. On March 26, 1970, the Magistrate issued a warrant for the arrest of appellee, and on May 5, 1970, appellee, to avoid being arrested, paid the fine and costs to the State Police. This payment was received by the Magistrate on May 7, 1970, the date of conviction. Upon receipt of this conviction, the Secretary, by notice dated July 15, 1970, notified appellee that six points were assigned to his driving record, making his total point accumulation eleven points. Appellee was directed, as mandated by Section 619.1(g),*fn2 to take a special examination by August 15, 1970. He did so on that date and failed the driving part thereof.

By notice dated September 8, 1970, appellee was notified that a fifteen-day suspension of his operator's license was imposed, based on his second speeding conviction,*fn3 and that five additional points were added to his driving record as mandated by Section 619.1(g), for failure to pass the special examination, thus making his total point ...


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