Opinion
Argued February 4, 1980
April 14, 1980.
Motor vehicles — Suspension of motor vehicle operator's license — The Vehicle Code, Art 1959, April 29, P.L. 58 — Driving while under the influence of intoxicating liquor — Change in law.
1. Although the penalty imposed upon a licensee convicted under The Vehicle Code, Act 1959, April 29, P.L. 58 — for driving while under the influence of intoxicating liquor has been lightened by subsequent legislation, the one year license suspension mandated by the earlier statute is properly imposed for offenses prior to the effective date of the new statute. [479]
Argued February 4, 1980, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.
Appeal, No. 156 C.D. 1977, from the Order of the Court of Common Pleas of Beaver County in case of Commonwealth of Pennsylvania v. Golden Carroll, No. 1793 of 1976.
Suspension of motor vehicle operator's license by Secretary of Transportation. Licensee appealed to the Court of Common Pleas of Beaver County. Order affirmed. REED, J. Licensee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Stewart P. McConnell, for appellant.
Harold H. Cramer, Assistant Attorney General, with him Ward T. Williams, Assistant Attorney General and Edward, G. Biester, Jr., Attorney General, for appellee.
Golden Carroll appeals the decision of the Beaver County Common Pleas Court reinstating the order of the Department of Transportation suspending his motor vehicle operating privileges for one year. We affirm.
On June 24, 1976, Carroll pleaded guilty to driving under the influence of intoxicating liquor on January 31, 1976. His operating privileges were suspended by order of September 22, 1976, effective October 27, 1976.
Appellant argues that it was error to suspend his license for one year under Section 616(a)(1) of the Vehicle Code (Act of 1959), Act of April 29, 1959, P.L. 58, as amended, formerly 75 Pa.C.S.A. § 616(a)(1), rather than for six months under 75 Pa. C.S. § 1532(b).
This contention is entirely without merit. Hergenrother v. Commonwealth, 45 Pa. Commw. 175, 406 A.2d 575 (1979) controls. Judge MacPHAIL wrote that the revised provisions in no way altered the effect of a violation of the law on the revocation provisions in effect on the date the liability was incurred.
Accordingly, we
ORDER
AND NOW, this 14th day of April, 1980, the order of the Court of Common Pleas of Beaver County dated December 27, 1976, is affirmed.
President Judge BOWMAN did not participate in the decision in this case.