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MICHAEL JOHN DANCHO v. COMMONWEALTH PENNSYLVANIA (05/11/88)

decided: May 11, 1988.

MICHAEL JOHN DANCHO, JR., APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Fayette County, in the case of Commonwealth of Pennsylvania, Department of Transportation v. Michael John Dancho, Jr., No. G.D. 6774 of 1986.

COUNSEL

Joseph W. Selep, Davis and Davis, for appellant.

Harold H. Cramer, Assistant Counsel, with him, John L. Heaton, Chief Counsel, for appellee.

Judges MacPhail and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 116 Pa. Commw. Page 121]

Michael John Dancho, Jr. (Appellant) appeals an order of the Court of Common Pleas of Fayette County which reinstated a suspension of his operating privileges imposed by the Department of Transportation (Department). We affirm.

On May 11, 1984, Appellant pled guilty to a violation of Section 3733 of the Vehicle Code, 75 Pa. C. S. ยง 3733, and began installment payments on the fine imposed by the district justice. By official notice dated

[ 116 Pa. Commw. Page 122]

March 31, 1986, Appellant was informed that as a result of his January 20, 1986 conviction of this violation, his operating privileges were suspended for six months. Appellant's subsequent appeal to the common pleas court was denied and his suspension reinstated. He now appeals to our Court.

Appellant argues here, as he did before the trial court, that the Department should be precluded from imposing the suspension. He contends that the suspension was imposed twenty-two months after his conviction, which he asserts occurred on May 11, 1984, and that this delay was unreasonable.

The crux of Appellant's argument appears to be that the Department's failure to enforce the district justice's compliance with the reporting and certifying requirements of the Vehicle Code should preclude the Department from suspending his operating privileges.*fn1 We agree with the trial court, however, that regardless of any delay on the part of the district justice in the case before us, the Department's imposition of Appellant's suspension was proper.

In Department of Transportation, Bureau of Driver Licensing v. Kazil, 97 Pa. Commonwealth Ct. 151, 510 A.2d 148 (1986), this Court was presented with a situation similar to that at bar. There, a licensee's conviction was certified by the district justice to the Department more than two years after the date of his conviction -- only after the licensee completed installment payments on the ...


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