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PAUL PATRICK LYNCH v. COMMONWEALTH PENNSYLVANIA (09/12/85)

decided: September 12, 1985.

PAUL PATRICK LYNCH, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lawrence County in case of Commonwealth of Pennsylvania v. Paul Patrick Lynch, No. 73 of 1983, M.D.

COUNSEL

Dominick Motto, Chambers, Nicolls, Balph, Paul & Motto, for appellant.

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

Judges Doyle and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins. Judge Barry did not participate in the decision in this case. Dissenting Opinion by Judge Doyle.

Author: Colins

[ 91 Pa. Commw. Page 617]

Paul Patrick Lynch (appellant) appeals from an order of the Court of Common Pleas of Lawrence County dismissing his appeal from the revocation of his operating privilege pursuant to Section 1575 of the Vehicle Code (Code), 75 Pa. C.S. § 1575.

Section 1543 of the Code makes it a summary offense for a driver to drive a vehicle while his operating privilege is suspended. The penalty for a conviction of this offense is provided for at Section 1543(c) and reads in part:

(c) Extending existing suspension or revocation. -- The department, upon receiving a certified record of the conviction of any person under this section upon a charge of driving a vehicle while the operating privilege was suspended, shall revoke such privilege for an additional period of six months. . . .

On February 3, 1983, appellant was cited for allowing a driver whose license had been suspended to operate his motor vehicle pursuant to Section 1575 of the Code which provides:

§ 1575. Permitting violation of title.

(a) General rule. -- No person shall authorize or permit a motor vehicle owned by him or under his control to be driven in violation of any of the provisions of this title.

(b) Penalty. -- Any person violating the provisions of subsection (a) is guilty of the same offense as the driver of such vehicle and subject to the same penalties including any suspension or revocation of the operating ...


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