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COMMONWEALTH PENNSYLVANIA v. MICHAEL VAIL (01/26/82)

decided: January 26, 1982.

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



Appeal from the Order of the Court of Common Pleas of Delaware County in case of In Re: The Appeal of Michael Vail from Suspension of Motor Vehicle Operating Privilege, No. 79-13704.

COUNSEL

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

No appearance for appellee.

Judges Mencer, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. Judge Palladino did not participate in the decision in this case.

Author: Macphail

[ 64 Pa. Commw. Page 243]

The Commonwealth of Pennsylvania's Department of Transportation (Department) appeals a Delaware County Court of Common Pleas order imposing a thirty day suspension of Michael Vail's (Appellee) motor vehicle operating privileges. The Department had

[ 64 Pa. Commw. Page 244]

    originally imposed a 110 day suspension under Section 1539 of the Vehicle Code, 75 Pa. C.S. ยง 1539. We reverse.

The following is the chronology of events leading to the suspension at issue in this case:

Appellee was convicted of traffic violations which occurred in April and May of 1978, resulting in the accumulation of six points on his record. Consequently, he was required to pass a special examination.*fn1 Upon passing this exam, two points were deducted from his record.

Appellee was assessed three more points for a traffic violation which occurred on November 28, 1978. After a hearing, Appellee was notified on July 3, 1979 that his license would be suspended for fifteen days starting August 7, 1979.*fn2

In the meantime, Appellee received a citation on March 20, 1979, for speeding. On May 11, 1979, Appellee was found guilty of this violation. As a result of this conviction, Appellee was notified on July 26, 1979 that four points were assigned to his record. Because his point record now totaled eleven points, the Department ...


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