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JAMES MICHAEL ZANOTTO v. COMMONWEALTH PENNSYLVANIA (06/06/84)

decided: June 6, 1984.

JAMES MICHAEL ZANOTTO, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Dauphin County in the case of Commonwealth of Pennsylvania v. James Michael Zanotto, No. 118 S 1983.

COUNSEL

Anthony S. Federico, Jr., for appellant.

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

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

Author: Craig

[ 83 Pa. Commw. Page 70]

James Zanotto appeals from an order by the Dauphin County Common Pleas Court, which affirmed the Department of Transportation's five-year revocation of his driver's license under section 1542, the habitual offender provision, of the Motor Vehicle Code.*fn1

We have been asked to decide if the habitual offender provision violates due process and the double jeopardy clause*fn2 of the Pennsylvania Constitution.

The record reveals that Mr. Zanotto committed the following offenses and suffered the following consequences under the Code:

Code Date of Date of DOT Action

Violation Offense Conviction Taken

§ 3731 11-24-77 6-15-78 6-month suspension

§ 3731 5-12-82 9-29-82 6-month ...


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