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KENNETH SHUMAN v. COMMONWEALTH PENNSYLVANIA (09/22/80)

decided: September 22, 1980.

KENNETH SHUMAN, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lancaster County in case of Commonwealth of Pennsylvania v. Kenneth Shuman, Trust Book No. 44, Page 402.

COUNSEL

Jerrold D. Harris, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, Transportation, and Harvey Bartle, III, Acting Attorney General, for appellee.

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

Author: Blatt

[ 54 Pa. Commw. Page 31]

Kenneth D. Shuman (operator) appeals here from an order of the Court of Common Pleas of Lancaster County which affirmed a 365-day suspension of his driving privileges by the Bureau of Traffic Safety, Department of Transportation (Bureau).

On July 2, 1976, the operator was issued a citation for a red light violation (violation No. 1). He then received a citation for a speeding violation on October 20, 1977 (violation No. 2), and another citation for a red light violation on January 18, 1978 (violation No. 3). Because he failed to respond to the citation for violation No. 1, his driving privileges were suspended on February 10, 1978, pursuant to Section 1533 of the Motor Vehicle Code (Vehicle Code), 75 Pa. C.S. § 1533,

[ 54 Pa. Commw. Page 32]

    until such time as he did respond. On April 3, 1978, while still not responding to the citation for violation No. 1, he pled guilty to violation No. 2. The Bureau processed the conviction report for violation No. 2 at a time when the operator's license was still under the February 10, 1978 suspension for failing to respond, and, rather than assigning additional points to his record, the Bureau suspended his license for an incremental period of 10 days pursuant to Section 1544(a) of the Vehicle Code, 75 Pa. C.S. § 1544(a).*fn1 On April 21, 1978, the operator received another suspension for his failure to respond to the citation for violation No. 3.

On June 29, 1978, the operator pled guilty to and paid fines for violations No. 1 and No. 3, and his license was restored. At the time of this restoration, his record showed a total accumulation of five points pursuant to Section 1545 of the Vehicle Code, 75 Pa. C.S. § 1545, which provides:

Upon the restoration of any person's operating privilege which has been suspended or revoked . . . such person's record shall show five points, except that any additional points assessed against the person since the date of the last violation resulting in the suspension or revocation shall be added to such five points. . . . (Emphasis added.)

On September 7 and 8, 1978, the Bureau processed the convictions for violations No. 1 and No. 3, assigned three points to the ...


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