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DAVID ELWOOD SPECHT v. COMMONWEALTH PENNSYLVANIA (10/06/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 6, 1982.

DAVID ELWOOD SPECHT, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE

Appeal from the Order of the Court of Common Pleas of Mifflin County in case of Commonwealth v. David Elwood Specht, No. 1688 1/2 of 1978.

COUNSEL

John B. Schaner, for appellant.

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

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

Author: Craig

[ 69 Pa. Commw. Page 282]

In Smith v. Pennsylvania Department of Transportation, 60 Pa. Commonwealth Ct. 319, 431 A.2d 401 (1981), this court recently decided that, where the Pennsylvania Department of Transportation receives a certified record that a driver was convicted under 75 Pa. C.S. § 1543(a) of driving while under "suspension," the department may withhold the operator's license only for an additional six months, under 75 Pa. C.S. § 1543(b), even though, in view of the facts, the conviction under the same Section 1543(a) should have been for driving while the license was revoked.

In this case, which involves the same situation, modification of the common pleas court order is necessary because the trial court did not have the benefit of our Smith decision when the case was decided.

Disposition

Affirmed as modified.

19821006

© 1998 VersusLaw Inc.



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