Opinion
March 19, 1962.
April 12, 1962.
Motor Vehicles — Licences — Suspension — Conviction in another state of driving while intoxicated — Sufficiency of notice — Evidence.
In a motor vehicle operator's license suspension case, in which it appeared that at the hearing in the court below, on appeal from the action of the Secretary of Revenue in suspending the operator's license, the notice of conviction of the operator in another state, of driving while intoxicated, was admitted over objections by counsel for the operator that the notice was not directed to the Secretary of Revenue, and that the evidence under which the conviction was had in the other state would not be admissible in a like case in this Commonwealth; that the defendant testified that he was forty-six years old, a self-employed contractor licensed to drive in Pennsylvania for many years, and that he had never had so much as a traffic ticket; and that the court below, holding that the notice of conviction was sufficient, and that the question involved was not whether defendant had committed a violation but whether he had been convicted in another state of an offense which, if committed in this Commonwealth, would be grounds for suspension, sustained the action of the secretary in suspending the operator's license; it was Held that the order of the court below should be sustained.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 345, Oct. T., 1961, from order of Court of Common Pleas of Delaware County, March T., 1961, No. 1329, in the matter of Howard E. Petersen, Jr. Order affirmed.
Same case in court below: 26 Pa. D. C. 2d 571.
Appeal by licensee from decision of Secretary of Revenue suspending operator's license.
Order entered dismissing appeal, opinion by DIGGINS, J. Licensee appealed.
Samuel M. Lehrer, with him Charles R. Weiner, for appellant.
Elmer T. Bolla, Deputy Attorney General, with him David Stahl, Attorney General, for Commonwealth.
Argued March 19, 1962.
The order of the Court of Common Pleas of Delaware County is affirmed on the opinion of Judge JOHN V. DIGGINS for the court below, reported at 26 Pa. D. C. 2d 571.