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COMMONWEALTH PENNSYLVANIA v. HOWARD E. SHAFFER (08/03/73)

decided: August 3, 1973.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT,
v.
HOWARD E. SHAFFER, APPELLEE



Appeal from the Order of the Court of Common Pleas of Columbia County, in case of Commonwealth of Pennsylvania v. Howard E. Shaffer, No. 87 August Term, 1972.

COUNSEL

Stuart A. Liner, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

E. Eugene Eves, with him Smith, Eves and Keller, for appellee.

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

Author: Kramer

[ 9 Pa. Commw. Page 517]

This is an appeal taken by the Commonwealth of Pennsylvania (Commonwealth) from an order, dated January 8, 1973, of the Court of Common Pleas of Columbia County wherein the court sustained the appeal of Howard E. Shaffer (Shaffer) from a suspension of his motor vehicle operator's license.

To facilitate an understanding of this Opinion, we set forth a short chronology of pertinent events:

1. On May 5, 1971, Shaffer was convicted of violating Section 1002(b)(4) of The Vehicle Code (Code), Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1002(b)(4), by exceeding the speed limit 20 miles per hour. For such violation, Section 619.1 of the Code imposes six points and a mandatory 15 day suspension.

2. On July 30, 1971, Shaffer was convicted of violating Section 1002(c) of the Code, by exceeding the speed limit on an interstate route by eleven miles per hour. For such violation, Section 619.1 of the Code imposes six points, but no mandatory suspension.

3. On September 17, 1971, Shaffer was notified to report to a driver improvement school, which he subsequently attended and satisfactorily completed. Under Section 619.1(f), on completion of the school, Shaffer was entitled to a credit of one point towards his accumulated points.

4. On or before October 15, 1971, the record indicates that the Bureau of Traffic Safety of the Commonwealth

[ 9 Pa. Commw. Page 518]

    was in receipt of the certification of the July ...


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