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COMMONWEALTH PENNSYLVANIA v. THEODORE GRELA (06/09/75)

decided: June 9, 1975.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT,
v.
THEODORE GRELA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Venango County in case of In the Matter of the Appeal of Theodore Grela from the Action of the Secretary of Transportation of the Commonwealth of Pennsylvania in Suspending his Motor Vehicle Operator's Privileges, No. C.P.P.D. No. 70 of 1974.

COUNSEL

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

No appearance for appellee.

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

Author: Blatt

[ 19 Pa. Commw. Page 586]

This is an appeal from an order of the Court of Common Pleas of Venango County which vacated the action taken by the Secretary of Transportation (Secretary) in suspending Theodore Grela's driver's license for 90 days.

On July 2, 1974 the Secretary sent notice to Grela that his driving record showed an accumulation of eleven points and that, therefore, a 90-day suspension would be imposed pursuant to subsections 619.1(i) and (k) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 619.1(i) and (k). At that time Grela's driving record, as kept by the Department of Transportation, indicated that he had been convicted of the following violations:

[ 19 Pa. Commw. Page 5871]

) on March 30, 1970 -- speeding at 65 miles per hour in a 55 mile per hour zone,

2) on December 16, 1971 -- following another vehicle too closely,

3) on June 20, 1972 -- speeding at 56 miles per hour in a 45 mile per hour zone, and

4) on October 16, 1973 -- speeding at 57 miles per hour in a 45 mile per hour zone.

Grela's record also indicated that, after the June 20, 1972 speeding conviction, his driver's license had been suspended for 60 days under subsections 619.1(i) and (k), 75 P.S. § 619.1(i) and (k) as a result of his having accumulated eleven points. Following that suspension, his driving privileges were restored on May 12, 1973 and his point total was simultaneously reduced to five. When, however, he was convicted of speeding on October 16, 1973, six more points were assigned to his record, thus again bringing his point total ...


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