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WILLIAM G. SHUGHART v. COMMONWEALTH PENNSYLVANIA (03/29/82)

decided: March 29, 1982.

WILLIAM G. SHUGHART, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLEE



Appeal from the Order of the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Perry County Branch in case of Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. William G. Shughart, No. 79-826.

COUNSEL

Daniel Stern, for appellant.

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

President Judge Crumlish and Judges Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 65 Pa. Commw. Page 481]

William G. Shughart (Appellant) has appealed from an order of the Court of Common Pleas of Perry County which affirmed the revocation of his motor vehicle operator's privileges for one year by the Department

[ 65 Pa. Commw. Page 482]

    of Transportation, Bureau of Traffic Safety (Bureau). We affirm.

The record*fn1 in this case reveals that Appellant was cited on January 21, 1977 for driving while his license was revoked. The offense occurred on January 7, 1977. The district justice's certification of disposition states that fines and costs were imposed for the offense in the amount of $210.00, which amount was paid on March 5, 1979. Notice of conviction was apparently forwarded to the Bureau following Appellant's payment of the fines and costs.*fn2 Appellant was sent a notice on May 7, 1979 that his operating privileges were being revoked effective June 11, 1979 for an additional period of one year as a result of his conviction. Appellant appealed the revocation to the court of common pleas which affirmed the Bureau's action.

The sole issue raised in this appeal is whether the Bureau was barred from revoking Appellant's license because the notice of revocation was sent more than two years after the offense occurred for which Appellant was later convicted.

Appellant's argument is based on Section 5553(e) of the Judicial Code, 42 Pa. C.S. ยง 5553(e) which reads as follows:

Disposition of proceedings within two years. -- No proceedings shall be ...


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