Appeal from Common Pleas Court, Luzerne County, Honorable Patrick J. O'Toole, Jr., Judge.
John R. Sobota, with him, William A. DeGillio, Wilkes-Barre, for appellant.
David R. White, Asst. Counsel, with him, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, Harrisburg, for appellee.
Doyle and McGinley, JJ., and Barbieri, Senior Judge.
[ 130 Pa. Commw. Page 28]
This is an appeal by Michael John Budjnoski (Licensee) from an order of the Court of Common Pleas of Luzerne County which upheld the action of the Department of Transportation (DOT) in suspending Licensee's operating privileges for a period of fifteen days and, hence, denied Licensee's appeal.
The relevant facts are not in dispute. Licensee was found guilty of speeding in violation of Section 3362(a)(2) of the Vehicle Code, 75 Pa.C.S. § 3362(a)(2). That conviction was appealed to the Superior Court which subsequently, in an order not of record in this case, remanded to the trial court to allow Licensee to file post-trial motions. Meanwhile, however, because of the initial conviction for speeding of which DOT received notice, Licensee's operating privileges were suspended for fifteen days in accordance with Section 1538(d) of the Vehicle Code, 75 Pa.C.S. § 1538(d), which pertinently provides:
[ 130 Pa. Commw. Page 29]
(1) When any person is convicted of driving 31 miles per hour or more in excess of the speed limit, the department shall require the person to attend a departmental hearing. The hearing examiner may recommend one or more of the following:
(i) That the person be required to attend a driver improvement school.
(ii) That the person undergo an examination as provided for in Section 1508.
(iii) That the person have his driver's license suspended for a period not exceeding 15 days. (Emphasis added.)
The hearing examiner recommended the sanction of a fifteen day suspension appearing under subsection (d)(1)(iii) and the Department adopted the recommendation in its order. The trial court denied Licensee's ...