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COMMONWEALTH PENNSYLVANIA v. JOHN M. CHRZANOWSKI (03/14/86)

decided: March 14, 1986.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLANT
v.
JOHN M. CHRZANOWSKI, APPELLEE



Appeal from the Order of the Court of Common Pleas of Erie County in the case of John M. Chrzanowski v. Commonwealth of Pennsylvania, Department of Transportation, No. 4911-A-1982.

COUNSEL

Nancy J. Norkus, Assistant Counsel, with her, Harold H. Cramer, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

John M. Quinn, Jr., with him, Michael S. Jan Janin, Quinn, Gent, Buseck and Leemhuis, Inc., for appellee.

Judges Rogers and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish. Judge Palladino dissents.

Author: Kalish

[ 95 Pa. Commw. Page 569]

Appellee, John M. Chrzanowski, appealed to the Court of Common Pleas of Erie County from a five year revocation of his driving privileges made pursuant to section 1542 of the Vehicle Code, 75 Pa. C.S. ยง 1542, pertaining to habitual offenders. The trial court reversed the Department of Transportation (DOT). We reverse the action of the trial court.

The appellee's driving record shows convictions on November 21, 1979, March 3, 1980, and March 17, 1980.

On April 13, 1980 he appeared before the district judge for another offense to which he pled guilty.

[ 95 Pa. Commw. Page 570]

The judge imposed a fine and costs. This was paid in installments, the last one being on July 1, 1982.

There was a delay in sending the certification of this action to DOT. The record does not indicate when DOT received it. However, DOT did not suspend the appellee's driving privileges until October 27, 1982, approximately two and one-half years later.

The common pleas court judge concluded that had DOT tried to suspend the appellee's operating privileges when he pled guilty, i.e., on April 13, 1980, rather than October 27, 1982, the appellee would not have attained the status of a habitual offender and that therefore the revocation must be set aside.

Our scope of review is to examine the record to determine if the findings are supported by competent evidence and to determine if there was an error of law. Department of Transportation, Bureau of Traffic Safety v. ...


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