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Brad M. Hruska v. Department of Transportation

September 6, 2011

BRAD M. HRUSKA, PETITIONER
v.
DEPARTMENT OF TRANSPORTATION, RESPONDENT



Per curiam.

ORDER

NOW, September 6, 2011, it is ordered that the above-captioned Memorandum Opinion, filed June 29, 2011, shall be designated OPINION and shall be REPORTED.

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Brad M. Hruska, Petitioner v. Department of Transportation, Respondent

No. 2771 C.D. 2010

Submitted: May 20, 2011

BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, President Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge

OPINION BY SENIOR JUDGE FRIEDMAN*fn1

FILED: June 29, 2011

Brad M. Hruska (Licensee) petitions for review of the December 2, 2010, order of the Secretary (Secretary) of the Department of Transportation (DOT), which adopted a hearing officer's recommendation that Licensee be granted a driver's license suspension credit from April 16, 2010. We affirm.

In September 2007, Licensee was cited for driving under the influence (DUI) and was accepted into an accelerated rehabilitative disposition (ARD) program. After receiving certification of Licensee's acceptance of ARD, DOT sent Licensee a notice of a sixty-day suspension of his operating privilege. In November 2007, however, Licensee was again cited for DUI and was removed from the ARD program. Licensee appealed the ARD suspension, at which time DOT sent Licensee a letter informing him of the restoration of his operating privilege and instructing him not to return his driver's license until he is advised to do so.

In December 2007, Licensee was convicted of both DUI charges. At that time, the trial court advised Licensee that he could surrender his license, but he did not have it with him. Thereafter, on January 17, 2008, Licensee placed his license in an envelope, without any explanatory correspondence, and mailed it to DOT. DOT never received Licensee's license.

The clerk of courts certified Licensee's DUI convictions to DOT on January 31, 2008, and February 1, 2008. On February 5, 2008, the trial court dismissed Licensee's appeal of the ARD suspension. DOT then imposed two one-year license suspensions for the DUI convictions and re-imposed the sixty-day ARD suspension. The notices of suspension were mailed to Licensee on February 14, 2008, and February 26, 2008, at his address of record.*fn2 Licensee did not acknowledge the suspensions, and two of the three notices were returned to DOT as unclaimed.

In March 2010, Licensee called DOT to ask about the status of his suspensions. He was informed that DOT never received his driver's license and that he had not been receiving any credit toward his suspensions. On April 16, 2010, DOT received from Licensee an affidavit acknowledging his ...


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