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COMMONWEALTH PENNSYLVANIA v. DANIE MARK BISHOP (12/17/86)

decided: December 17, 1986.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
DANIE MARK BISHOP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County, in case of Danie Mark Bishop, No. 3323-C of 1983.

COUNSEL

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

No appearance for appellee.

President Judge Crumlish, Jr., Judge Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 102 Pa. Commw. Page 484]

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Luzerne County directing the Department of Transportation to remove four points from the driving record of Danie Mark Bishop. We reverse.

At trial the Commonwealth introduced into evidence the record of convictions, and rested. The record

[ 102 Pa. Commw. Page 485]

    shows that Bishop was driving on Route 309, and that two officers riding in the same police vehicle each gave Bishop two citations, charging him with two violations of section 3306 of the Vehicle Code, 75 Pa. C.S. § 3306 (driving on the left side of the road and improper passing), and two violations of section 3362 of the Vehicle Code, 75 Pa. C.S. § 3362 (speeding). Thus, he received a total of four citations. Each citation indicated that the time of arrest was 12:15 p.m. Two offenses occurred on Route 309, where it intersects with Route 292, and the other two offenses occurred on Route 309 at Copper Mine Hill. The two locations are in close proximity, but not at the same place. Bishop pled guilty to all offenses at a de novo hearing in the trial court.

As a result of the convictions, DOT assigned four points to Bishop's driving record for one citation of driving on the wrong side of the road and improper passing, and four points for one citation of speeding. Bishop had previously been assigned three points for a conviction on April 3, 1983, for failure to stop and yield violations. Thus, Bishop had an accumulation of eleven points.

DOT notified Bishop that his license would be suspended for fifty-five days pursuant to section 1539(b) of the Vehicle Code, 75 Pa. C.S. § 1539(b). It was this notification that Bishop appealed to the trial court. The trial court directed DOT to remove four points from Bishop's record. The basis of the trial court's order was that the circumstances constituted one act, for which Bishop could be assessed only four points.

DOT contends that the violations for which Bishop was convicted were separate, and arose from separate and distinct acts for ...


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