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COMMONWEALTH PENNSYLVANIA v. ROBERT DANIEL LYNCH (09/15/83)

decided: September 15, 1983.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
ROBERT DANIEL LYNCH, APPELLEE



Appeal from the Order of the Court of Common Pleas of Fayette County in the case of Commonwealth of Pennsylvania v. Robert Daniel Lynch, No. 1846 of 1980 G.D.

COUNSEL

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

Gary P. Caruso, Bialon, Caruso & Victoria, for appellee.

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

Author: Williams

[ 77 Pa. Commw. Page 186]

This is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Fayette County. That court sustained the

[ 77 Pa. Commw. Page 187]

    appeal of Robert Daniel Lynch (appellee) from the suspension of his motor vehicle operating privileges for a period of fifteen days.

The appellee was issued a citation for speeding on February 12, 1980. On February 25, 1980, he was convicted for this traffic violation, resulting in the accumulation of more than six points on his driving record for the second time. After a departmental hearing, the appellee was notified, on September 19, 1980, that his driving privileges were being suspended for fifteen days.

The suspension at issue in this case was imposed pursuant to Section 1538(b) of the Vehicle Code (Code).*fn1 This Section provides in pertinent part:

(1) When any person's record has been reduced below six points and for the second time shows as many as six points, the department shall require the person to attend a departmental hearing. The hearing examiner may recommend one or more of the following:

(i) That the person be required to attend a driver improvement school.

(ii) That the person undergo an examination as provided for in section 1508 (relating to examination of ...


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