Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. James F. Drogowski, No. SA 506 of 1982.
Neil Y. Siegel, for appellant.
Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.
Judges MacPhail and Doyle, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Doyle.
[ 94 Pa. Commw. Page 206]
James F. Drogowski (Appellant) appeals from the order of the Court of Common Pleas of Allegheny County which upheld the action of the Department of Transportation (Department) revoking Appellant's driver's license for a period of five years as a habitual offender under Section 1542 of the Vehicle Code (Code), 42 Pa. C.S. § 1542.
On February 19, 1982, Appellant pled guilty to criminal charges arising from an incident which occurred
[ 94 Pa. Commw. Page 207]
on September 21, 1981. As a result of Appellant's conviction of Driving under the influence of alcohol,*fn1 Driving without lights to avoid identification or arrest*fn2 and Fleeing or attempting to elude a police officer,*fn3 the Department revoked Appellant's driver's license for a period of five years under Section 1542 of the Vehicle Code. The court of common pleas upheld the Department's determination, and appeal to this court followed.
On appeal, Appellant contends that Section 1542 of the Vehicle Code is unconstitutional as applied to this factual situation in that it constitutes cruel and unusual punishment in violation of Article 1, Section 13 of the Constitution of the Commonwealth of Pennsylvania, and the 8th Amendment to the Constitution of the United States.
(a) General rule. -- The department shall revoke the operating privilege of any person found to be a habitual offender pursuant to the provisions of this section. A 'habitual offender' shall be any person whose driving record, as maintained in the department, shows that such person has accumulated the requisite number of convictions for the separate and distinct offenses described and enumerated in subsection (b). . . .
(b) Offenses enumerated. -- Three convictions arising from separate acts of any one or more of the following offenses committed either singularly or in combination by any person shall result in ...