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COMMONWEALTH PENNSYLVANIA v. JONATHAN R. SLOTT (04/06/88)

decided: April 6, 1988.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLANT
v.
JONATHAN R. SLOTT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County, in the case of Commonwealth of Pennsylvania, Department of Transportation v. Jonathan R. Slott, No. 86-4248.

COUNSEL

Christopher J. Clements, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, John L. Heaton, Chief Counsel, for appellant.

Scott F. Breidenbach, for appellee.

Judges MacPhail and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 115 Pa. Commw. Page 242]

The Department of Transportation, Bureau of Driver Licensing, (DOT), has appealed an order of the Court of Common Pleas of Montgomery County which sustained the nunc pro tunc appeal of Jonathan R. Slott, (Licensee), ordering DOT to remove all references of

[ 115 Pa. Commw. Page 243]

    two prior license suspensions from Licensee's driving record because such suspensions were null and void. We reverse.

On November 8, 1977, Licensee was convicted of exceeding the maximum speed limit and was suspended for fifteen (15) days pursuant to Section 1538(b) of the Vehicle Code (Code), as amended, 75 Pa. C. S. § 1538(b). On November 26, 1982, Licensee was again convicted for violation of the Code, and was suspended for thirty (30) days pursuant to Section 1538(c) of the Code. On both occasions, (1977 and 1982), Licensee did not receive notice from DOT as to his suspensions within six months of the date of his convictions as is required pursuant to Section 1551 of the Code, 75 Pa. C. S. § 1551.*fn1 The Licensee, however, upon receipt of both notices from DOT, never appealed the accumulation of points or the suspensions, but submitted his driver's license to DOT for the periods of the suspensions.

In 1985, Licensee again violated the Code, and now has an accumulation of eleven (11) points and is thus confronted with further suspension pursuant to Section 1539(b) of the Code, 75 Pa. C. S. § 1539(b). Based on this subsequent violation, the Licensee appealed the two prior suspensions, nunc pro tunc, to the Court of Common Pleas of Montgomery County, stating that because DOT failed to provide the Licensee with notice of

[ 115 Pa. Commw. Page 244]

    his prior suspensions within six months pursuant to Section 1551 of the Code, those suspensions were null and void, and should be removed from his driving record.

The Court of Common Pleas of Montgomery County sustained Licensee's appeal and ordered DOT to strike all reference to the earlier suspensions from the Licensee's ...


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