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COMMONWEALTH PENNSYLVANIA v. KEITH EDWARD GRAY (06/09/81)

decided: June 9, 1981.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
KEITH EDWARD GRAY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. Keith Edward Gray, No. SA 609 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.

William M. Acker, for appellee.

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

Author: Macphail

[ 59 Pa. Commw. Page 591]

The Department of Transportation, Bureau of Traffic Safety (Bureau) has appealed from the order of the Court of Common Pleas of Allegheny County which reversed the Bureau's revocation of Keith Gray's (Appellee) driving privileges pursuant to Sections 1542 and 1543 of The Vehicle Code (Code), 75 Pa. C.S. §§ 1542 and 1543.

The record in this case is, to say the least, confused. Bureau records admitted at the de novo hearing conducted by the Court of Common Pleas of Allegheny County show that Appellee was cited on September 22, 1977 and again on January 6, 1978 for driving too fast for conditions.*fn1 Appellee's operating privilege was suspended effective July 24, 1978 for failure to respond to the citation issued in September, 1977, pursuant to Section 1533 of the Code, 75 Pa. C.S. § 1533. During this suspension Appellee was cited on five separate occasions for driving a vehicle while his operating privilege was suspended, pursuant to Section 1543 of the Code, 75 Pa. C.S. § 1543. These citations were issued between November, 1978 and January, 1979. Bureau records also show that Appellee paid fines prescribed for the five violations of Section 1543.*fn2 Payment by a person charged with a violation of the code of the five imposed for the violation constitutes a plea of guilty. Section 6501(b) of the Code, 75 Pa. C.S. § 6501(b). Upon receipt of the records of conviction for three of the Section 1543 violations, the Bureau revoked appellee's operating privilege for three periods of six

[ 59 Pa. Commw. Page 592]

    months as required by Section 1543(b) which provides in part:

The department, upon receiving a certified record of the conviction of any person under this section upon a charge of driving a vehicle while the operating privilege was suspended, shall revoke such privilege for an additional period of six months.

Upon receipt of the record of the fourth conviction, the Bureau revoked Appellee's privilege for an additional five years pursuant to the habitual offender provision of the Code. Section 1542(a) of the Code, 75 Pa. C.S. § 1542(a).*fn3

Finally, upon receipt of the record of the fifth conviction, the Bureau revoked Appellee's privilege for an additional two years pursuant to Section 1542(e) of the Code, 75 Pa. C.S. § 1542(e).*fn4 Thus Appellee's operating privileges were revoked ...


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