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DOROTHY D. SCHULTZ v. COMMONWEALTH PENNSYLVANIA (03/01/85)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 1, 1985.

DOROTHY D. SCHULTZ, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE

Appeal from the Order of the Court of Common Pleas of Lehigh County in case of Commonwealth of Pennsylvania v. Dorothy D. Schultz, No. 82-C-3857.

COUNSEL

William G. Malkames, for appellant.

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

Judges Williams, Jr. and Barry and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt. Judge Williams, Jr. did not participate in the decision in this case.

Author: Blatt

[ 88 Pa. Commw. Page 44]

Dorothy D. Schultz (petitioner) appeals here an order of the Court of Common Pleas of Lehigh County dismissing her appeal from a six month revocation of her driver's license by the Pennsylvania Department of Transportation (Department).

On July 24, 1978, the petitioner was convicted for operating a motor vehicle while under the influence of alcohol, Section 3731(a)(1) of the Vehicle Code (Code), 75 Pa. C.S. ยง 3731(a)(1). That conviction was not certified by the magistrate to the Department, however, until September 28, 1982, and on October 8, 1982, the Department notified the petitioner of its intent to revoke her operating privileges for a six month period,*fn1 resulting in her appeal to the Lehigh County Court of Common Pleas.

The petitioner contends that the revocation of her privileges should be set aside on the basis of the four year delay between her conviction and the Department's action. She argues that she was prejudiced by that delay because she has medical problems and will encounter greater difficulties using and obtaining alternate transportation now than she would have had at the time when she was convicted. She asserts that our concern should be her asserted hardship and not the cause of the delay in question.

We may, of course, vacate revocation of an operator's privileges where an administrative delay between conviction and revocation leads a person to believe that her privileges will not be adversely affected

[ 88 Pa. Commw. Page 45]

    and the person changes her circumstances to her detriment. Department of Transportation, Bureau of Traffic Safety v. Lyons, 70 Pa. Commonwealth Ct. 604, 453 A.2d 730 (1982). In Lyons, however, we held that the Department may not be held accountable for delay attributable to a court's failure to timely certify a conviction to the Department,*fn2 and, therefore, we may not impute to the Department the delay here. And because the Department undertook action to revoke the petitioner's privileges within three weeks of its receipt of her conviction, we may not vacate its revocation for that delay. Id.

The petitioner also raises other issues which were not, however, raised in, or suggested by, her statement of the questions involved. Pursuant to Pa. R.A.P. 2116, therefore, we need not consider them here. In re Appeal of Elias, 70 Pa. Commonwealth Ct. 404, 453 A.2d 372 (1982).

We will, therefore, affirm the order of the Court of Common Pleas of Lehigh County.

[ 88 Pa. Commw. Page 46]

Order

And Now, this 1st day of March, 1985, the order of the Court of Common Pleas of Lehigh County in the above-captioned matter is affirmed.

Judge Williams, Jr. did not participate in the decision in this case.

Disposition

Affirmed.


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