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COMMONWEALTH PENNSYLVANIA v. THOMAS JOHN DIDYOUNG (05/13/87)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: May 13, 1987.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLANT
v.
THOMAS JOHN DIDYOUNG, APPELLEE

Appeal from the Order of the Court of Common Pleas of Monroe County in the case of Commonwealth of Pennsylvania v. Thomas John Didyoung, No. 45 Civil, 1985.

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 Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 106 Pa. Commw. Page 119]

The Commonwealth of Pennsylvania, Department of Transportation (DOT), appeals the order of the Court of Common Pleas of Monroe County (trial court), which amended and reduced DOT's twelve-month suspension of the driver's license of Thomas John Didyoung (appellee). The suspension was ordered because of his conviction*fn1 for driving under the influence, pursuant to Section 1532(b)(3) of the Vehicle Code (Code).*fn2

The sole issue before us is whether or not the trial court possessed the authority to reduce the legislatively-mandated period of suspension set forth in Section 1532(b)(3).

[ 106 Pa. Commw. Page 120]

Judicial review of an administrative suspension of a driver's license is limited to determining whether or not the motorist has been convicted and whether or not DOT has faithfully observed the provisions of the Code in issuing the suspension. Kuzar v. Department of Transportation, 96 Pa. Commonwealth Ct. 626, 508 A.2d 397 (1986). The record here clearly demonstrates that the appellee was convicted as charged and that DOT has properly applied the relevant provisions of the Code.*fn3 Under such circumstances, we must conclude that the trial court erred in reducing the statutorily prescribed sentence.*fn4

Accordingly, we will reverse the order of the trial court and we will reinstate the twelve-month suspension imposed by DOT.

Order

And Now, this 13th day of May, 1987, the order of the Court of Common Pleas of Monroe County, in the above-captioned matter, is reversed and the suspension of Thomas John Didyoung's driver's license, as imposed by the Department of Transportation, is reinstated.

Disposition

Reversed.


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