Appeal from the Order of the Court of Common Pleas of Montgomery County in the case of Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Kenneth Gerhart, No. 82-00285.
Stephen F. J. Martin, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.
Cary B. Fleisher, for appellee.
Judges Craig, Barry, and Palladino, sitting as a panel of three. Opinion by Judge Palladino.
[ 96 Pa. Commw. Page 562]
The Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Montgomery County (trial court) which sustained the appeal of Kenneth Gerhart (Appellee) from DOT's suspension of his driver's license.
DOT suspended Appellee's license for a period of five years because it determined that his driving record contained the requisite number of convictions (three) for enumerated offenses so as to make Appellee an habitual offender pursuant to Section 1542(a) of the Vehicle Code (Code), 75 Pa. C.S. § 1542(a). According to DOT's records, Appellant had been convicted of:
1. Fleeing or attempting to elude a police officer, in violation of Section 3733 of the Code, on July 27, 1979;
2. Driving under the influence of alcohol or a controlled substance, in violation of Section 3731 of the Code, on February 10, 1980; and
3. Another violation of Section 3733 of the Code, on August 13, 1981.
Appellant also received an additional two-year suspension under Section 1542(e) of the Code, for having on his record a conviction in addition to the number necessary for a five-year suspension. That conviction was for a violation of Section 1543 of the Code, driving while under suspension, on August 13, 1981.
In his de novo appeal of the suspensions, Appellee contested the accuracy of DOT's records, arguing that he had not been ...