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CAROLYN MARTINO v. COMMONWEALTH PENNSYLVANIA (05/16/88)

decided: May 16, 1988.

CAROLYN MARTINO, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the order of the Court of Common Pleas of Montgomery County, in the case of Carolyn Martino v. Commonwealth of Pennsylvania, No. 85-8806.

COUNSEL

Steven G. Duvin, for appellant.

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

President Judge Crumlish, Jr., and Judges McGinley and Smith, sitting as a panel of three. Opinion by Judge Smith.

Author: Smith

[ 116 Pa. Commw. Page 201]

Carolyn Martino (Appellant) received a five-year revocation of her operating privilege*fn1 by the Department of Transportation (DOT) pursuant to the habitual offender provision of the Vehicle Code (Code).*fn2 Martino appeals

[ 116 Pa. Commw. Page 202]

    an order of the Court of Common Pleas of Montgomery County which upheld two additional two-year revocations for violation of the additional offenses provisions of the Code.*fn3 We affirm the trial court's decision.

Martino essentially challenges the procedures followed by DOT in revoking her license and argues that the trial court's decision was not supported by competent evidence.

By official notice dated May 6, 1985, DOT notified Martino of revocation of her operating privileges for an additional period of two years as mandated by Section 1542(e) based upon a March 19, 1985 conviction for violation of Section 1543.*fn4 By official notice dated May 13, 1985, DOT notified Martino of revocation of her operating privileges for an additional period of two years based upon a March 8, 1985 conviction for violation of Section 1543.

Martino's initial driver's license revocation for a period of five years effective February 7, 1986, was mandated by Section 1542(a) and was predicated upon Martino's four convictions during the period November 1983 through January 1985 for violation of Section 1543. These convictions form the basis of Appellant's status as a habitual offender.

This Court's scope of review in driver's license suspension appeals is to determine whether findings of the trial court are supported by competent evidence; whether ...


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