Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Commonwealth of Pennsylvania v. Chris Pinhas, No. SA 1169 of 1981.
Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.
Chris Pinhas, appellee, for himself.
Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge MacPhail. Dissenting Opinion by Judge Doyle.
[ 98 Pa. Commw. Page 584]
The Pennsylvania Department of Transportation, Bureau of Traffic Safety (Department) appeals from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Chris Pinhas (Appellee) from the suspension of his motor vehicle operator's license.*fn1
[ 98 Pa. Commw. Page 585]
On March 3, 1980, Appellee received a citation for speeding. He was convicted of this offense on April 11, 1980, and as a result three points were assessed against his record. On May 4, 1980, Appellee was cited for reckless driving and assessed three more points. On January 6, 1981, Appellee was required to take a special examination due to his accumulation of six points. He passed this examination, and two points were accordingly removed from his record.
On October 19, 1980, Appellee was again cited for speeding. Three more points were accordingly assessed, bringing his new point total to seven. On June 6, 1981, a departmental hearing was held, as a result of which a fifteen day license suspension was imposed.
Appellee appealed his suspension to the court of common pleas, which held a hearing on November 18, 1981, and issued an order on the same date, sustaining the appeal and directing that the three points assessed as a result of the April 11, 1980 conviction be removed, due to a still pending appeal from that conviction.*fn2
The sole basis for the Department's appeal to this Court is the contention that the court of common pleas erred as a matter of law in concluding that the Department may not assess points until an appeal from a conviction is dismissed.
The Department is quite correct that pursuant to the provisions of Section 1535(a) ...