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COMMONWEALTH PENNSYLVANIA v. KERRY GOLDSTEIN (07/24/78)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: July 24, 1978.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY
v.
KERRY GOLDSTEIN, APPELLANT

Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. Kerry Goldstein, No. S.A. 1214 of 1975.

COUNSEL

Samuel J. Reich, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Crumlish

[ 37 Pa. Commw. Page 2]

Kerry Goldstein (Appellant) appeals the revocation of her driver's license by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety (Bureau) following a conviction on a misdemeanor charge of "failing to stop and render assistance following an automobile accident resulting in property damage."*fn1 Revocation of one's license upon conviction of this offense is required by Section 616(a)(3) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. ยง 616(a)(3).*fn2

After appeal to the Court of Common Pleas, the revocation was affirmed and the instant appeal followed.

Appellant contends that since she was convicted of failure to stop at the scene of the accident and not of failure to stop and render assistance, revocation was improper. We disagree and affirm the court below. It is obvious that conviction of the misdemeanor "failure to stop" necessarily includes failure to "render assistance" since under normal circumstances it would be impossible to render assistance unless one stopped to determine whether assistance was necessary. As the Court of Common Pleas for Dauphin County wrote in Fulton v. Gleeson, 12 Pa. D. & C. 2d 109, 110 (1957):

[ 37 Pa. Commw. Page 3]

[A] license may be revoked upon a charge of failing to stop and also upon a charge of failing to 'render assistance or disclose his identity at the scene of the accident.' It is obvious, as defendant contends, that if a motorist involved in an accident fails to stop his vehicle he cannot render assistance or disclose his identity as the law requires him to do.

Accordingly, we

Order

And Now, this 24th day of July, 1978, the decision of the Department of Transportation, Bureau of Traffic Safety, revoking the driver's license of Kerry Goldstein is affirmed.

Disposition

Affirmed.


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