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ELAINE GREEN v. COMMONWEALTH PENNSYLVANIA (06/03/82)

decided: June 3, 1982.

ELAINE GREEN, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County in case of Commonwealth of Pennsylvania v. Elaine Green, No. 11647 of 1979.

COUNSEL

Mark A. Peleak, Winkler, Danoff and Lubin, 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 Rogers and Blatt, sitting as a panel of three. Opinion by Judge Blatt. Judge Mencer did not participate in the decision in this case.

Author: Blatt

[ 67 Pa. Commw. Page 42]

Elaine Green (appellant) appeals an order of the Court of Common Pleas of Luzerne County which affirmed a determination by the Department of Transportation (DOT) suspending her motor vehicle operating privileges for 140 days.

The following facts were stipulated to by the parties below:

1. On May 16, 1979, the appellant was convicted of "following too closely" and assigned three points, bringing her point accumulation to eight

[ 67 Pa. Commw. Page 43]

    points and resulting in her accumulation of over six points for a third time.

2. On September 1, 1979, the appellant was convicted of speeding and assigned another three points, bringing her point total up to 11 points. On September 10, 1979, defendant paid her fine and costs for said violation.

3. On September 10, 1979, the appellant was notified to appear at a DOT hearing on September 25, 1979, because of her conviction of following too ...


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