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COMMONWEALTH PENNSYLVANIA v. DONALD LEE GIBBONEY (05/07/80)

decided: May 7, 1980.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
DONALD LEE GIBBONEY, APPELLEE. DONALD LEE GIBBONEY, APPELLANT V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLEE



Appeals from the Orders of the Court of Common Pleas of Centre County in cases of Commonwealth of Pennsylvania, Department of Transportation v. Donald Lee Gibboney, No. 1978-2513.

COUNSEL

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

Michael Bresnahan, for appellee.

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

Author: Blatt

[ 51 Pa. Commw. Page 222]

Before us are two appeals from the Court of Common Pleas of Centre County which have been consolidated for argument and disposition. Both involve

[ 51 Pa. Commw. Page 223]

Donald Lee Gibboney (operator) and the Department of Transportation, Bureau of Traffic Safety (Bureau). In the first case, No. 2662 C.D. 1978, the Bureau appeals from the lower court's order reversing a 15-day suspension of the operator's license imposed by the Bureau under Section 1544(a) of the Vehicle Code, 75 Pa. C.S. ยง 1544(a). In the second case, No. 2773 C.D. 1978, the operator appeals from the lower court's order affirming a different 15-day suspension also under Section 1544(a).

No. 2662 C.D. 1978

On July 23, 1977, the operator was cited for driving a motorcycle without an eye-protective device. On October 24, 1977, the Bureau mailed him a notice of suspension of operating privileges for failure to respond to the citation, and the suspension became effective November 14, 1977. On September 29, 1977, however, which was before the suspension became effective, he was cited for another traffic violation (failure to yield right-of-way), and he was convicted of this offense on April 10, 1978. When this conviction was certified to the Bureau, he was assessed three points, and the points were assigned to his record on August 8, 1978, at which time his license was still under the previous suspension. The Bureau therefore applied the provisions of Section 1544(a) of the Vehicle Code, which are:

When any person's record shows an accumulation of additional points during a period of suspension or revocation, the department shall extend the existing period of suspension or revocation at the rate of five days for each additional point and the person shall be so notified in writing.

His suspension was therefore extended ...


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