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COMMONWEALTH PENNSYLVANIA v. WILLIAM D. FAY (02/10/83)

submitted: February 10, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM D. FAY, APPELLANT



No. 3350 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas of Cumberland County, Criminal Division, at No. 142 Criminal, 1981

COUNSEL

David P. Perkins, Shippensburg, for appellant.

Kevin Adair Hess, First Assistant District Attorney, Carlisle, for Commonwealth, appellee.

Cavanaugh, Brosky and Cirillo, JJ.

Author: Brosky

[ 320 Pa. Super. Page 400]

This appeal is from the order of judgment of sentence for five counts of driving under a suspended license and one count of driving with a foreign license while under suspension. Appellant argues that he cannot be properly convicted of these crimes when the period of suspension had expired at the time of the alleged violations. He also contends that he did not receive notification of the suspension in the statutorily prescribed manner. We agree with appellant as to the first issue and accordingly reverse.*fn1

I.

The relevant factual background can be briefly summarized. In October of 1979, appellant's license was suspended indefinitely for failure to pay a citation. On December 18, 1979, appellant's license was suspended for a period of six months for a conviction of driving under the influence. The Pennsylvania Department of Transportation considered this six-month period to have begun on January 30, 1980, when appellant surrendered his Pennsylvania license to Arizona authorities to get an Arizona driver's license.*fn2 Thus, the suspension period had expired and appellant was eligible to take the appropriate steps to obtain his Pennsylvania driver's license as of August 1, 1980. All of the six citations before us here were issued several months after the end of the suspension period -- after August 1. Appellant obtained a post-suspension driver's license after the citations involved herein were issued.

II.

As noted above, appellant argues that he could not be convicted of driving under a suspended license or of driving

[ 320 Pa. Super. Page 401]

    with a foreign license while under suspension when the period of the suspension had expired.

He cites for this proposition an opinion of this Court, Commonwealth v. Parfitt, 286 Pa. Super. 279, 428 A.2d 991 (1981) (Cavanaugh, J.). Parfitt held that an individual could not be convicted of driving under a revoked license for driving after the ...


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