Appeal from the Order of the Court of Common Pleas of Dauphin County in case of Commonwealth of Pennsylvania v. Rejean Nelson Morin, No. 1974 September Term, 1975.
Harold H. Cramer, Assistant Attorney General, with him John L. Heaton, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.
Timothy F. Nicholson, for appellee.
Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 30 Pa. Commw. Page 382]
The Department of Transportation, Bureau of Traffic Safety (PennDOT) appeals an order of the Court of Common Pleas of Dauphin County which
[ 30 Pa. Commw. Page 383]
sustained the appeal of Rejean Nelson Morin (Appellee).
Appellee's difficulties began on November 29, 1974, when his flight across the Dauphin-Lebanon County Line resulted in his being charged in Lebanon County with failing to stop, Section 1027(a) of The Vehicle Code (Code), Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1027A, and his being charged with driving under the influence of alcohol in Dauphin County, Section 1037 of the Code, 75 P.S. § 1037. He was convicted and sentenced in Dauphin County on January 30, 1975. He was adjudged guilty and sentenced for the Lebanon County offense on May 22, 1975.
PennDOT, through the Director of Traffic Safety's office, subsequently notified Appellee that his operating privileges were being revoked for one year effective January 30, 1975 as a result of the driving under the influence conviction.*fn1 Thereafter, Appellee was notified on October 29, 1975, that as a result of the sentence for failure to stop in Lebanon County, his privileges were being revoked for a period of one year effective January 30, 1976.
Appellee's appeal, sustained by the court below, was from the second order of PennDOT which hitched the additional one-year revocation to the revocation previously imposed.
We cannot agree with the court below, and the position taken by Appellee herein, that an individual convicted of more than one revocable offense, with each offense occurring in close proximity to the other, must have his privileges revoked forthwith ...