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COMMONWEALTH PENNSYLVANIA v. JEFFREY G. AUMAN (06/04/81)

decided: June 4, 1981.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
JEFFREY G. AUMAN, APPELLEE



Appeal from the Order of the Court of Common Pleas of Berks County in case of Commonwealth of Pennsylvania v. Jeffrey G. Auman, No. 279 November, 1979.

COUNSEL

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

Blaine J. DeSantis, DeSantis & Koch, for appellee.

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

Author: Mencer

[ 59 Pa. Commw. Page 469]

The Department of Transportation (Department) has appealed from an order of the Court of Common Pleas of Berks County reversing the Department's decision to revoke the operating license of Jeffrey G. Auman (appellee) for five years. We reverse.

On May 27, 1979, appellee was involved in a car accident with an oncoming automobile. He continued driving and, approximately two blocks later, struck another attended vehicle. Appellee again left the scene of the accident and struck two other unattended, parked vehicles in an attempt to get to his residence.

As a result of these incidents, appellee pled guilty to charges of violating the following sections of the Vehicle Code:

1) Section 3743, 75 Pa. C.S. § 3743, two counts of leaving the scene of an accident involving damage to an attended vehicle or property;

2) Section 3745, 75 Pa. C.S. § 3745, two counts of leaving the scene of an accident involving property damage only; and

3) Section 3731, 75 Pa. C.S. § 3731, one count of driving while under the influence of alcohol.

After receiving the certified records of conviction, the Department imposed a six-month suspension for the Section 3731 conviction and a six-month suspension for one of the Section 3743 convictions. In processing the second Section 3743 conviction, the Department revoked appellee's license for five years, pursuant to Section 1542(b), 75 Pa. C.S. § 1542(b), which provides that "[t]hree convictions arising from separate acts of any one or more of the following offenses ...


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