HomeMy WebLinkAbout2007-6866 Civil
JESSE P. CULLEY, : IN THE COURT OF COMMON PLEAS OF
PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
COMMONWEALTH OF :
PENNSYLVANIA, DEPARTMENT OF :
TRANSPORTATION, BUREAU OF :
DRIVER LICENSING, :
RESPONDENT : 07-6866 CIVIL TERM
IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE
OPINION AND ORDER OF COURT
Bayley, J., February 26, 2008:--
Jesse P. Culley filed this appeal from PennDOT’s suspension of his driving
privilege. A hearing was conducted on February 13, 2008. Culley’s driving record
June 13, 2007
shows that after a conviction on , for exceeding maximum speed limits
February 11, 2007
on , his driving privilege was suspended, pursuant to Section 1544
June
of the Vehicle Code based on his accumulation of points, for sixty days effective
28, 2007 1 August 31, 2007
. His driving privilege was restored on . After a conviction
June 29, 2007May
on , for speeding 101 miles per hour in a 65 mile per hour zone on
4, 2007
, his driving privilege was suspended, pursuant to Section 1544 based on his
September 5, 2007
accumulation of points, for twenty-five days effective . No appeal
was filed from either of these suspensions. For the same speeding violation committed
__________
1
Section 1544(a) of the Vehicle Code provides:
Additional point accumulation.—
When any person’s record shows an
accumulation of additional points during a period of suspension or
revocation, the department shall extend the existing period of suspension
or revocation at the rate of five days for each additional point and the
person shall be so notified in writing.
07-6866 CIVIL TERM
on May 4, 2007, following a departmental hearing Culley’s driving privilege was
suspended pursuant to Section 1538 of the Vehicle Code for fifteen days effective
November 21, 2007
.
November 13, 2007
On , Culley filed this timely appeal in which he claims that
this fifteen day suspension is imposed for violations for which he has already served a
suspension. Section 1538(d) of the Vehicle Code, titled “Conviction for excessive
speeding,” provides:
When any person is convicted of driving 31 miles per hour
(1)
or more in excess of the speed limit
, the department shall require the
person to attend a departmental hearing. The hearing examiner may
recommend one or more of the following.
(i) That the person be required to attend a driver improvement
school.
(ii) That the person undergo an examination as provided for in
section 1508.
That the person have his driver’s license suspended for a
(iii)
period not exceeding 15 days.
(2) The department shall effect at least one of the sanctions but
may not increase any suspension beyond 15 days. (Emphasis added.)
Culley’s fifteen day suspension under Section 1538(d) which resulted from his
conviction on May 4, 2007 for speeding 101 miles per hour in a 65 mile per hour zone,
which was thirty-six miles per hour over the speed limit, triggered the fifteen day
suspension for excessive speeding under Section 1538(d)(1)(iii) of the Vehicle Code.
The fact that the speeding conviction also triggered the twenty-five day suspension
based on his accumulation of points does not vitiate the additional Section 1538
-2-
07-6866 CIVIL TERM
2 Staib v. Commonwealth of
suspension for excessive speeding. Compare
Pennsylvania, Pennsylvania Department of Transportation, Bureau of Driving
Licensing,
123 Pa. Commw. 410 (1989). Therefore, the following order is entered.
ORDER OF COURT
AND NOW, this _________ day of February, 2008, the within appeal from the
IS DISMISSED.
suspension of a driving privilege for fifteen days,
By the Court,
Edgar B. Bayley, J.
George Kabusk, Esquire
For the Department of Transportation
Jesse P. Culley, Pro se
6977 Wertzville Road
Enola, PA 17025
:sal
__________
2
Culley’s driving record shows a date of birth of April 29, 1987, which makes him 21
years old. This is his fifth conviction for speeding.
-3-
JESSE P. CULLEY, : IN THE COURT OF COMMON PLEAS OF
PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
COMMONWEALTH OF :
PENNSYLVANIA, DEPARTMENT OF :
TRANSPORTATION, BUREAU OF :
DRIVER LICENSING, :
RESPONDENT : 07-6866 CIVIL TERM
IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE
ORDER OF COURT
AND NOW, this _________ day of February, 2008, the within appeal from the
IS DISMISSED.
suspension of a driving privilege for fifteen days,
By the Court,
Edgar B. Bayley, J.
George Kabusk, Esquire
For the Department of Transportation
Jesse P. Culley
6977 Wertzville Road
Enola, PA 17025
:sal