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WILLIAM D. PAULI v. COMMONWEALTH PENNSYLVANIA (08/06/81)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 6, 1981.

WILLIAM D. PAULI, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE

Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Commonwealth of Pennsylvania v. William D. Pauli, No. SA 1258 and No. 1192 of 1978.

COUNSEL

William B. Dixon, for appellant.

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel of Transportation, and Jay C. Waldman, General Counsel, for appellee.

President Judge Crumlish and Judges Rogers and Williams, Jr., sitting as a panel of three. Opinion by President Judge Crumlish.

Author: Crumlish

[ 61 Pa. Commw. Page 90]

The Common Pleas Court of Allegheny County affirmed the revocation of William D. Pauli's motor vehicle operating privileges by the Secretary of Transportation. He appeals.

The only issues before us are (1) whether a two-month period between receipt of certification of conviction and notice of revocation is an unreasonable administrative

[ 61 Pa. Commw. Page 91]

    delay and (2) was there a resulting prejudice to Pauli. See Department of Transportation, Bureau of Traffic Safety v. Parr, 56 Pa. Commonwealth Ct. 203, 205, 424 A.2d 604, 605 (1981). A two-month period between receipt of certification and notice of revocation is not an unreasonable time prejudicial to Pauli. See Department of Transportation, Bureau of Traffic Safety v. Lea, 34 Pa. Commonwealth Ct. 310, 384 A.2d 269 (1978).

Absent a showing of delay, coupled with prejudice, we will not order the reinstatement of Pauli's license. In this case, there has been neither delay nor prejudice.

Affirmed.

Order

The order of the Court of Common Pleas of Allegheny County is hereby affirmed.

Disposition

Affirmed.

19810806

© 1998 VersusLaw Inc.



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