Opinion
Argued November 10, 1971
December 13, 1971.
Motor vehicles — Suspension of motor vehicle operator's license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Computation of point credits.
1. Action by the Secretary of Transportation suspending a motor vehicle operator's license is properly reversed when the reviewing court finds that point credits reducing the point, accumulation against such license were not properly counted or a point reduction for a license restoration under provisions of Tile Vehicle Code, Act 1959, April 29, P. L. 58 were not credited and a proper recomputation of points reduces the licensee's total to fewer than the points required for suspension. [533-4]
Argued November 10, 1971, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.
Appeal, No. 338 C.D. 1971, from the Order of the Court of Common Pleas of Allegheny County, Civil Division, No. SA-987 of 1970, in case of Commonwealth of Pennsylvania, Department of Transportation v. Howard Bernstein.
Motor vehicle operator's license suspended by Secretary of Transportation. Licensee appealed to the Court of Common Pleas of Allegheny County. Appeal sustained. MARTIN, J. Commonwealth appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
David A. Johnston, Jr., Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.
No appearance for appellee.
This is an appeal by the Commonwealth from the decision of the Court of Common Pleas of Allegheny County which restored appellee's operator's license. The license had been suspended by the Secretary of Transportation because, by the Secretary's computation, on being convicted on September 30, 1970, and thereby being assessed six points, the appellee had accumulated 12 points. The lower court properly found appellee to be entitled to two additional point credits, thus reducing the accumulation to 10 points, one below the 11 points requiring suspension.
The decision of the lower court is affirmed, for on the computation presented to this Court, it is clear that the Commonwealth failed to reduce appellee's accumulation of points from eight to five when his license was restored April 8, 1969. Such reduction is mandated by Section 619.1(m) of The Vehicle Code of 1959, Act of April 29, 1959, P. L. 58, as amended, 75 Pa.C.S.A. § 619.1(m). Therefore, using either the lower court's method of recomputation or the above, appellee has fewer than the required 11 points for suspension.
Affirmed.