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COMMONWEALTH PENNSYLVANIA v. EDDIE W. MORRISON (10/23/75)

decided: October 23, 1975.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT,
v.
EDDIE W. MORRISON, APPELLEE



Appeal from the Order of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin County Branch, in case of Commonwealth of Pennsylvania v. Eddie W. Morrison, Misc. Docket Vol. V, Page 133.

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.

Eddie W. Morrison, appellee, for himself.

Judges Crumlish, Jr., Wilkinson, Jr., and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 21 Pa. Commw. Page 401]

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety (Bureau) from an opinion and order of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin County Branch, vacating the action taken by the Bureau suspending Eddie W. Morrison's (Appellee) driver's license for sixty (60) days. We reverse.

On January 31, 1968, the Bureau notified Appellee that his driver's license was suspended for a mandatory thirty (30) days for violation of Section 1002(b)(9) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1002(b)(9). At the time of Appellee's suspension his point total was eight (8); after restoration of his license his point total was reduced to five (5).

[ 21 Pa. Commw. Page 402]

On August 1, 1969, the Bureau sent notice to Appellee that his driver's license was suspended for sixty(60) days pursuant to Section 619.1(i) and (k) of The Vehicle Code, 75 P.S. § 619.1(i), (k).

Appellee's driver's record in the Bureau showed that he had accumulated eleven (11) points for the first time. Five (5) points from his previous suspension plus three (3) points for each of the following violations:

1) On October 12, 1968, failure to yield right of way.

2) On May 28, 1969, speeding 55 miles per hour in a 45 mile per hour zone.

When Appellee received this notice of suspension, he appealed the Bureau's action to the Court of ...


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