Opinion
Argued April 5, 1973
April 24, 1973.
Motor vehicles — Suspension of motor vehicle operator's license — Burden of proof — Conviction record — Points — Departmental hearing — Supersedeas — Hearing de novo.
1. In an appeal from the suspension of a motor vehicle operator's license for accumulation of points, the Commonwealth must produce records of convictions sufficient to support the suspension, whereupon the burden shifts to the licensee to prove that he was not so convicted or that the records or point calculations were incorrect. [200]
2. A motor vehicle operator is not entitled to a departmental hearing prior to suspension of an operator's license where supersedeas is granted pending a de novo hearing on appeal. [200]
Argued April 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.
Appeal, No. 1028 C.D. 1972, from the Order of the Court of Common Pleas of Westmoreland County in case of Commonwealth of Pennsylvania v. Tony Cannillo, No. 948, October Term, 1970.
Motor vehicle operator's license suspended by Secretary of Transportation. Licensee appealed to the Court of Common Pleas of Westmoreland County. Appeal sustained. RIAL, J. Commonwealth appealed to the Commonwealth Court of Pennsylvania. Held: Reversed and order of suspension reinstated.
Stuart A. Liner, Assistant Attorney General, with him Jerrold D. Harris, Assistant Attorney General, Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.
Vincent J. Morocco, with him Redlich, Cassol, Redlich Morocco, for appellee.
The operator's license of Tony Cannillo (Cannillo) was suspended for sixty days by the Department of Transportation (Department) because he had amassed a total of 13 points as the result of various traffic violations. Cannillo appealed to the Court of Common Pleas of Westmoreland County, which appeal acted as a supersedeas to the suspension. The Department now appeals from the action of the lower court restoring Cannillo's operating privileges.
At the hearing before the lower court, the Department introduced into evidence its records establishing the various convictions against Cannillo and the computation of points therefrom. Cannillo offered no testimony or evidence whatever. The lower court, in upholding Cannillo's appeal, did so on the grounds that he had not been granted a departmental hearing.
In an appeal from the suspension of an operator's license for accumulation of points, this Court has previously held that the Commonwealth must produce records of convictions sufficient to support such suspension, and that the burden then shifts to the licensee to prove that he was not so convicted or that the records or point calculations were incorrect. Commonwealth v. Siedlecki, 7 Pa. Commw. 130, 300 A.2d 287 (1973). Here the Department did establish a prima facie case, and Cannillo clearly failed to meet his burden. We have also previously held that a licensee is not entitled to a departmental hearing prior to the suspension of his license where, as here, the licensee is to receive a de novo hearing and a supersedeas has been granted by the lower court. Commonwealth v. Trimble, 7 Pa. Commw. 443, 300 A.2d 92 (1973), and Commonwealth v. Grindlinger, 7 Pa. Commw. 347, 300 A.2d 95 (1973). These cases are controlling here.
The order of the court below is, therefore, reversed and the order of the Secretary of Transportation suspending the license of Tony Cannillo is hereby reinstated.