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COMMONWEALTH PENNSYLVANIA v. MICHAEL T. EBNER (06/02/81)

decided: June 2, 1981.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
MICHAEL T. EBNER, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. Michael T. Ebner, No. SA 633 of 1979.

COUNSEL

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

No appearance for appellee.

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

Author: Mencer

[ 59 Pa. Commw. Page 423]

Before the sun appeared on the morning of February 18, 1978, Michael T. Ebner (Ebner) had embroiled himself in "double trouble."*fn1 On that date, at approximately 2:10 a.m., he was stopped by a police officer for driving without a license, which is a violation of Section 1501(a) of the Vehicle Code (Code), 75 Pa.

[ 59 Pa. Commw. Page 424]

C.S. § 1501(a),*fn2 and issued Citation No. L-127298. He was thereafter stopped at approximately 5:10 a.m. for the same offense and issued Citation No. L-127363.

Ebner responded to Citation No. L-127363 and was found guilty by a magistrate on June 26, 1978, and the fine imposed was paid. Ebner did not respond to Citation No. L-127298 until the Department of Transportation (Department) took action against him in accord with the provisions of Section 1533 of the Code, 75 Pa. C.S. § 1533, as amended.*fn3 Thereafter, Ebner did respond to Citation No. L-127298 and was found guilty by a magistrate on March 19, 1979, and the fine imposed was paid.

When the Department received a certified record of Ebner's conviction relative to Citation No. L-127298, it imposed a 6-month suspension, pursuant to Section 1532(b)(2) of the Code, 75 Pa. C.S. § 1532(b)(2), which, in pertinent part, provides: "The department shall suspend the operating privilege of any driver for six months upon receiving a certified record of the driver's conviction of a subsequent offense

[ 59 Pa. Commw. Page 425]

    under the following provisions: Section 1051(a) (relating to drivers required to be licensed)."

Ebner appealed his 6-month suspension to the Court of Common Pleas of Allegheny County, which sustained his appeal. This ...


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