Opinion
Argued November 10, 1971
December 9, 1971.
Motor vehicles — Operator's license suspension — Conviction of misdemeanor — The Vehicle Code, Act 1959, April 29, P. L. 58, 618(a)(2) — Burden of proof.
In the court below it was decided:
1. As provided in Section 618(a)(2) of The Vehicle Code, Act 1959, April 29, P. L. 58, the license of a motor vehicle operator may be suspended when he has been convicted of a misdemeanor, or has forfeited bail upon such a charge, in the commission of which a motor vehicle or tractor was used, but on appeal from such suspension, the burden of the Secretary of Transportation is to prove all of the elements set forth in said Section or the suspension will be set aside.
Argued November 10, 1971, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.
Appeal, No. 428 C.D. 1971, from the Order of the Court of Common Pleas of Beaver County, in case of Commonwealth of Pennsylvania, Department of Transportation, v. William Javens, No. 1476 of 1970.
Suspension of motor vehicle operator's license appealed to the Court of Common Pleas of Beaver County. Appeal sustained. SALMON, 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.
ORDER
NOW, December 9, 1971, the order of the Court of Common Pleas of Beaver County is affirmed upon the able opinion of Judge J. QUINT SALMON, 31 Beaver County Legal Journal 137 (1971).