Pauli v. Commonwealth

Full title: William D. Pauli, Appellant v. Commonwealth of Pennsylvania, Appellee

Court: Commonwealth Court of Pennsylvania

Date published: Aug 6, 1981

433 A.2d 161 (Pa. Cmmw. Ct. 1981)

433 A.2d 161

Opinion

August 6, 1981.

Motor vehicles — Revocation of operating privileges — Certification of conviction — Notice.

1. A two-month period between receipt of the certification of conviction and the notice of revocation of operating privileges is neither unreasonable nor prejudicial to the licensee. [91]

Submitted on briefs May 8, 1981 to President Judge CRUMLISH and Judges ROGERS and WILLIAMS, JR., sitting as a panel of three.

Appeal, No. 376 C.D. 1979, from the Order of the Court of Common Pleas of Allegheny County in the case of Commonwealth of Pennsylvania v. William D. Pauli, No. SA 1258 and No. 1192 of 1978.

Revocation of motor vehicle operator's license by the Secretary of Transportation. Licensee appealed to the Court of Common Pleas of Allegheny County. Appeal denied. NARICK, J. Licensee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

William B. Dixon, for appellant.

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel of Transportation, and Jay C. Waldman, General Counsel, for appellee.

OPINION BY PRESIDENT JUDGE CRUMLISH, August 6, 1981:

The Common Pleas Court of Allegheny County affirmed the revocation of William D. Pauli's motor vehicle operating privileges by the Secretary of Transportation. He appeals.

The only issues before us are (1) whether a two-month period between receipt of certification of conviction and notice of revocation is an unreasonable administrative delay and (2) was there a resulting prejudice to Pauli. See Department of Transportation, Bureau of Traffic Safety v. Parr, 56 Pa. Commw. 203, 205, 424 A.2d 604, 605 (1981). A two-month period between receipt of certification and notice of revocation is not an unreasonable time prejudicial to Pauli. See Department of Transportation, Bureau of Traffic Safety v. Lea, 34 Pa. Commw. 310, 384 A.2d 269 (1978).

Absent a showing of delay, coupled with prejudice, we will not order the reinstatement of Pauli's license. In this case, there has been neither delay nor prejudice.

Affirmed.

ORDER

The order of the Court of Common Pleas of Allegheny County is hereby affirmed.