Opinion
No. 422 C.D. 2014
10-23-2014
Joshua A. Monighan, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing
BEFORE: HONORABLE BERNARD L. McGINLEY, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE P. KEVIN BROBSON, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY JUDGE LEAVITT
Joshua A. Monighan (Licensee) appeals, pro se, an order of the Court of Common Pleas of Cumberland County (trial court) that remanded his statutory driver's license appeal to the Department of Transportation, Bureau of Driver Licensing (PennDOT), for corrective action. In doing so, the trial court determined that Licensee's appeal was moot because he had satisfied the obligations to the Commonwealth and the State of Florida for which his license had been suspended. We affirm.
Licensee was cited for and convicted of speeding in Volusia County, Florida in 2009. The State of Florida notified PennDOT in May 2009 that Licensee had failed to pay the fines and costs associated with his Florida speeding conviction. PennDOT in turn notified Licensee on August 18, 2009, that his Pennsylvania driving privilege would be suspended effective September 22, 2009, pursuant to Section 1533(b) of the Vehicle Code, 75 Pa. C.S. §1533(b), for failing to satisfy his obligations to the State of Florida.
Section 1533(b) states:
(b) Violations outside Commonwealth. -- The department shall suspend the operating privilege of any person who has failed to respond to a citation, summons or similar writ to appear before a court of competent jurisdiction of the United States or any state which has entered into an enforcement agreement with the department, as authorized under section 6146 (relating to enforcement agreements), for any violation of the motor vehicle laws of such state, other than parking, or who has failed to pay any fine or costs imposed by such court upon being duly notified in accordance with the laws of such jurisdiction in which the violation occurred. A person who provides proof, satisfactory to the department, that the full amount of the fine and costs has been forwarded to and received by the court shall not be regarded as having failed to respond for the purposes of this subsection.75 Pa. C.S. §1533(b) (emphasis added).
On January 21, 2011, Licensee was cited in Pennsylvania for driving with a suspended license in violation of Section 1543(a) of the Vehicle Code. 75 Pa. C.S. §1543(a). Following his conviction for violating Section 1543(a), PennDOT imposed a one-year suspension of his license on April 21, 2011. Licensee surrendered his license to PennDOT on February 14, 2013. Additionally, Licensee failed to pay the fines and costs associated with his Pennsylvania conviction for driving with a suspended license, which the trial court reported to PennDOT.
On September 13, 2013, PennDOT imposed a second indefinite license suspension under Section 1533(a) of the Vehicle Code, 75 Pa. C.S. §1533(a), for Licensee's failure to pay the costs and fees associated with his Section 1543(a) conviction in 2011. Thereafter, in October 2013, Licensee paid the fines and costs for the Section 1543(a) conviction. In December 2013, Licensee satisfied his outstanding obligations to the State of Florida. Licensee appealed PennDOT's second indefinite license suspension to the trial court and a hearing was held.
Section 1533(a) states:
(a) Violations within Commonwealth. -- The department shall suspend the operating privilege of any person who has failed to respond to a citation or summons to appear before an issuing authority or a court of competent jurisdiction of this Commonwealth for any violation of this title, other than parking, or who has failed to pay any fine, costs or restitution imposed by an issuing authority or such courts for violation of this title, other than parking, upon being duly notified by an issuing authority or a court of this Commonwealth.75 Pa. C.S. §1533(a) (emphasis added).
At the appeal hearing, PennDOT requested a remand to correct its records to reflect that Licensee had satisfied his financial obligations to the Commonwealth and the State of Florida. The trial court agreed that Licensee's appeal was moot and the proper course of action was for the court to remand the matter to PennDOT to update its records and restore Licensee's license. Licensee now appeals the trial court's order remanding the matter.
On appeal, Licensee raises a number of procedural and due process issues regarding his license suspensions. The trial court thoroughly and ably addressed Licensee's issues, and we affirm its order for the reasons set forth in the opinion of The Honorable Kevin Hess in Monighan v. Department of Transportation, Bureau of Driver Licensing, No. 13-5969 CIVIL (Cumberland Co., May 23, 2014).
In a license suspension appeal, our scope of review is limited to determining whether the trial court's findings are supported by competent evidence, whether the trial court committed an error of law, or whether the trial court manifestly abused its discretion. Osselburn v. Department of Transportation, Bureau of Driver Licensing, 970 A.2d 534, 538 n.4 (Pa. Cmwlth. 2009). --------
/s/_________
MARY HANNAH LEAVITT, Judge ORDER
AND NOW, this 23rd day of October, 2014, the order of the Court of Common Pleas of Cumberland County in the above-captioned matter, dated January 17, 2014, is AFFIRMED for the reasons set forth in the opinion of The Honorable Kevin Hess in Monighan v. Department of Transportation, Bureau of Driver Licensing, No. 13-5969 CIVIL (Cumberland Co., May 23, 2014).
/s/_________
MARY HANNAH LEAVITT, Judge