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EDWIN PAUL SWARTZ v. COMMONWEALTH PENNSYLVANIA (09/24/79)

decided: September 24, 1979.

EDWIN PAUL SWARTZ, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAY SAFETY, APPELLEE



Appeal from the Order of the Court of Common Pleas of York County in case of Commonwealth of Pennsylvania, Department of Transportation, Bureau of Highway Safety v. Edward P. Schwartz, No. 77-S-2090.

COUNSEL

Laurence T. Himes, Jr., with him Griest & Himes, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., for appellee.

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

Author: Blatt

[ 46 Pa. Commw. Page 181]

Edwin Paul Swartz (appellant) was convicted of driving while intoxicated. His conviction was certified to the Secretary of Transportation, and he was notified three and one-half months later by the Bureau of Traffic Safety that his driver's license was being revoked for one year. His appeal of the Bureau's action was dismissed by the Court of Common Pleas of York County.

[ 46 Pa. Commw. Page 182]

The appellant asserts that the delay of three and one-half months in the notification of the revocation of the license violates Section 616(a) of the Motor Vehicle Code,*fn1 75 P.S. ยง 616(a), which requires that, upon notification of conviction, the Secretary revoke a driver's license "forthwith". We have previously addressed this issue in cases where the time lapse was even greater than three and one-half months and have upheld the suspensions concerned. Department of Transportation, Bureau of Traffic Safety v. Passerella, 42 Pa. Commonwealth Ct. 352, 401 A.2d 1 (1979); Department of Transportation, Bureau of Traffic Page 182} Safety v. Lea, 34 Pa. Commonwealth Ct. 310, 384 A.2d 269 (1978). We must affirm the order of the court below.

Order

And Now, this 24th day of September, 1979, the order of the Court of Common Pleas of York County in the above-captioned matter is hereby affirmed.

Disposition

Affirme ...


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