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COMMONWEALTH PENNSYLVANIA v. DONALD W. THOMPSON (03/04/75)

decided: March 4, 1975.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLEE,
v.
DONALD W. THOMPSON, APPELLANT



Appeal from the Order of the Court of Common Pleas of Somerset County in case of Commonwealth of Pennsylvania v. David Thompson, No. 55 Civil 1974.

COUNSEL

Eugene E. Fike, II, with him Fike, Cascio & Boose, P.A., for appellant.

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr. and Mencer, sitting as a panel of three. Opinion by President Judge Bowman.

Author: Bowman

[ 17 Pa. Commw. Page 506]

The issue in this motor vehicle license revocation case is whether the lower court was correct in dismissing appellant Thompson's appeal. Appellant was convicted on August 9, 1971, for the offense of driving while intoxicated. As a result of this conviction, on October 28, 1971, appellant was notified by appellee that his license was being revoked, effective November 11, 1971, in accordance with Section 616(a)(1) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. ยง 616(a)(1). The chronology of the events that followed is set forth in the

[ 17 Pa. Commw. Page 507]

    opinion of the Court of Common Pleas of Somerset County:

"Nov. 23, 1971: Defendant petitioned this Court for an order of supersedeas staying 'suspension . . . and all further proceedings in said cause pending the determination of the petitioner's appeal to the Superior Court . . .', which was granted the same date.

"Nov. 24, 1971: Notice of supersedeas mailed to Department by counsel for defendant.

"Dec. 6, 1971: Department letter to counsel for defendant restoring defendant's privileges 'pending disposition of the case'.

"June 8, 1972: Judgment of sentence affirmed by Superior Court.

"Nov. 8, 1972: Defendant's petition for allocatur denied ...


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