Appeal from the Order of the Court of Common Pleas of Cumberland County, in the case of William R. Bromley, Jr. v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, No. 974 Civil, 1988.
Lawrence R. Wieder, Assistant Counsel, with him, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.
Richard W. Cleckner, Cleckner and Fearen, for appellee.
Judges Doyle and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge McGinley.
[ 123 Pa. Commw. Page 124]
Department of Transportation, Bureau of Driver Licensing, (DOT) appeals from an order of the Court of Common Pleas of Cumberland County (trial court) which sustained William R. Bromley, Jr.'s appeal from a thirty day suspension of his driver's license. We reverse and reinstate the suspension.
By notice mailed March 7, 1988, DOT suspended Bromley's license for thirty days as a result of his third accumulation of six or more points on his driving record
[ 123 Pa. Commw. Page 125]
pursuant to Section 1538(c) of the Vehicle Code, 75 Pa. C.S. § 1538(c).*fn1
At the hearing on appeal before the trial court it was established that Bromley was cited for a speeding violation on August 26, 1987. (Notes of Testimony, May 25, 1988, (N.T.) at 30.) The Court further found that Bromley consulted with his attorney on August 31, 1987, and on the advice of counsel, Bromley mailed a check in the proper amount for the fine and costs to the district justice. The envelope, which was introduced into evidence, had the correct address and zip code and was postmarked September 2, 1987. (N.T. at 31.)
Bromley maintains that the date his personal check in payment of his fine and costs was received by the district magistrate was the date he pled guilty. Bromley also introduced into evidence a statement from the station manager of the main post office in Harrisburg that the district justice would have received payment of the fine and costs by September 3 or September 4, 1987, at the latest. Therefore, Bromley contends his plea was entered no later than September 4, 1987. As a result Bromley asserts his March 7, 1988, notice of suspension was sent more than six months after his September 4, 1987, conviction and in noncompliance with Section 1551 of the
[ 123 Pa. Commw. Page 126]
Vehicle Code, 75 Pa. C.S. § 1551.*fn2 The trial court ...