Appeal from the Order of the Court of Common Pleas of Wyoming County, in the case of Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. John Fritz Green, No. 87-320.
John V. Rovinsky, Assistant Counsel, with him, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.
John J. Hovan, for appellee.
Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.
[ 119 Pa. Commw. Page 282]
This Vehicle Code appeal involves the validity of a notice of driver's license suspension which the Pennsylvania Department of Transportation (DOT) issued to John Fritz Green less than three weeks after DOT received a certified record of the driver's conviction of a Code violation, a certification sent to DOT by a clerk of courts in very tardy fashion -- fourteen months after the date of conviction.
Thus, we must again consider application of the rule which this court has consistently followed, that license suspensions issued by DOT cannot be invalidated because of processing delay chargeable to the judicial system and not to DOT's administrative function.
The chronology of this case, which began with Mr. Green's violation of 75 Pa. C.S. § 3731, driving under the influence of alcohol (DUI), is as follows:
October 27, 1985 -- Violation of 75 Pa. C.S.
October 27, 1985 -- Breathalyzer test refusal by
Mr. Green, violating 75 ...