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JEFFREY A. HILLWIG v. COMMONWEALTH PENNSYLVANIA (04/27/87)

decided: April 27, 1987.

JEFFREY A. HILLWIG, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE



Appeal from the Order of the Court of Allegheny County, in case of Commonwealth of Pennsylvania v. Jeffrey A. Hillwig, No. SA 436.

COUNSEL

Patrick J. Thomassey, for appellant.

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellee.

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

Author: Palladino

[ 105 Pa. Commw. Page 457]

Jeffrey Alan Hillwig (appellant) appeals an order of the Court of Common Pleas of Allegheny County (trial court) affirming a decision of the Pennsylvania Department of Transportation (DOT) to suspend appellant's license for five years pursuant to Section 1542 of the Vehicle Code, 75 Pa. C.S. § 1542 (Revocation of offender's license). For the reasons which follow, we affirm.

On September 24, 1984, appellant was arrested for a violation of Section 3731 of the Code, 75 Pa. C.S. § 3731 (Driving under the influence of alcohol or controlled substance). Appellant, pro se, appeared at an October 18, 1984 hearing in the trial court and was accepted into the Accelerated Rehabilitative Disposition program (ARD).

By notice bearing a mailing date of January 16, 1985, DOT suspended appellant's license for 30 days pursuant to 75 Pa. C.S. § 3731(e)(6)(ii). Thereafter, by notice bearing a mailing date of March 18, 1985, DOT notified appellant that as a result of (1) his acceptance of ARD for the violation of Section 3731, (2) an August 4, 1980 conviction for violation of Section 3743 of the Vehicle Code, 75 Pa. C.S. § 3743 (Accidents involving damage to attended vehicle or property), and (3) a September

[ 105 Pa. Commw. Page 4586]

, 1981 conviction for violation of Section 1543 of the Vehicle Code, 75 Pa. C.S. § 1543 (Driving while operating privilege is suspended or revoked), his license was being revoked for five years as mandated by Section 1542 of the Vehicle Code, 75 Pa. C.S. § 1542.

Appellant appealed the five-year suspension to the trial court which appeal, by order dated December 11, 1985, was dismissed. Appellant filed a timely appeal to this Court.

Section 1542 of the Vehicle Code, 75 Pa. C.S. § 1542, provides, in pertinent part:

(a) General rule. -- The department shall revoke the operating privilege of any person found to be ...


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