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COMMONWEALTH PENNSYLVANIA v. JAMES DWIGHT LIND (11/22/88)

decided: November 22, 1988.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLANT
v.
JAMES DWIGHT LIND, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Commonwealth of Pennsylvania v. James Dwight Lind, No. S.A. 1579-1984.

COUNSEL

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

Alan D. Hertzberg, for appellee.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Senior Judge Blatt. Judge MacPhail did not participate in the decision in this case.

Author: Blatt

[ 121 Pa. Commw. Page 238]

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from the order of the

[ 121 Pa. Commw. Page 239]

Court of Common Pleas of Allegheny County sustaining the appeal of James Dwight Lind (appellee) from DOT's 55-day suspension of his operating privilege. We will reverse.

On October 30, 1984, DOT notified the appellee that his operating privilege would be suspended for 55 days pursuant to Section 1539 of the Vehicle Code (Code), 75 Pa. C.S. ยง 1539, due to the accumulation of 11 points on his driving record. The appellee timely appealed this decision, and a de novo hearing was held by the trial court on September 24, 1985.

At the trial court hearing, documents were admitted into the record on behalf of DOT. These documents indicate that the appellee was assigned 3 points for a violation committed on July 20, 1983; 5 points for a violation on July 19, 1984; and 3 points for a violation on July 21, 1984. This gave the appellee a total of 11 points for the period in question.

Section 1539 of the Code provides, in relevant part, as follows:

(a) General rule. -- When any person's record shows an accumulation of 11 points or more, the department shall suspend the operating privilege of ...


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