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APPEAL ALLAN L. FINKELSTEIN FROM CANCELLATION DRIVERS LICENSE. ALLAN L. FINKELSTEIN (04/14/83)

decided: April 14, 1983.

IN RE: APPEAL OF ALLAN L. FINKELSTEIN FROM CANCELLATION OF DRIVERS LICENSE. ALLAN L. FINKELSTEIN, APPELLANT


Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of In Re: Appeal of Allan L. Finkelstein from cancellation of driver's license, No. SA 235 of 1981.

COUNSEL

Marc Rosenwasser, with him Felix J. DeGuilio, for appellant.

No appearance for appellee.

Judges Blatt, Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 73 Pa. Commw. Page 418]

Allan L. Finkelstein (appellant) appeals here an order*fn1 of the Court of Common Pleas of Allegheny County dismissing his appeal from the action of the Department of Transportation (DOT) in canceling his driver's license pursuant to Section 1572 of the Vehicle Code, 75 Pa. C.S. § 1572.*fn2

The DOT argued to the trial court that, inasmuch as the appellant's license had been revoked in Georgia, which was his previous state of residence, he should never have received a license here. In support of this contention, the DOT introduced into evidence, over the specific timely objection of the appellant's counsel, a "packet" of documents containing mainly photocopies

[ 73 Pa. Commw. Page 419]

    of computer printouts from the Motor Vehicle Division of the State of Georgia and from the National Drivers Register showing numerous driving violations. It is undisputed that these documents were not certified or authenticated in any way by officials of the State of Georgia.

Our scope of review in license revocation cases includes, of course, determining whether or not the trial court has committed an error of law. See Pratt v. Bureau of Traffic Safety, 62 Pa. Commonwealth Ct. 55, 434 A.2d 918 (1981).

The appellant argues here that the "packet" of documents was inadmissible as hearsay, and, because the DOT offered no other evidence in support of its cancellation of the license, the DOT has failed to meet its burden of proof. Bureau of Traffic Safety v. Suor, 9 Pa. Commonwealth Ct. 503, 308 A.2d 646 (1973). The appellant cites to Section 5328(a) of the Judicial Code, 42 Pa. C.S. § 5328(a) which provides:

§ 5328. Proof of official records

(a) Domestic record. -- An official record kept with the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied by a certificate that the officer has the custody. The certificate may be made by a judge of a court of record having jurisdiction in the ...


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