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Laskoski v. Pennsylvania Dep't of Transportation12/2/2005
Joseph T. Laskoski (Licensee) petitions this Court to review a decision of the Secretary of Transportation (Secretary) denying him three years and 15 months credit towards suspension of his operating privilege issued by the Department of Transportation (Department).
Licensee is a Florida resident and licensed driver who is temporarily residing in Pennsylvania. Before becoming a resident of Florida, he was a Pennsylvania resident and was a licensed Pennsylvania driver. While he was a Pennsylvania resident, he was arrested twice on May 27, 2000, (once in Bucks County and once in Montgomery County), for violating Section 3731 of the Pennsylvania Vehicle Code, 75 Pa. C.S. §3731 (DUI) (Vehicle Code). Licensee's arrest in Bucks County was for violating Section 3714 of the Vehicle Code, 75 Pa. C.S. §3714 (Careless Driving). At the time of his arrest, Licensee was requested to submit to chemical testing which he refused.
On June 13, 2000, the Department mailed a notice to Licensee's Pennsylvania residence advising him that as a result of his violation of Section 1547 of the Vehicle Code, 75 Pa. C.S. §1547 (Refusal to Submit to Chemical Testing), his driving privilege was suspended for one year effective July 18, 2000. In that notice, the Department requested the return of Licensee's driver's license or an affidavit acknowledging the suspension before credit toward serving his suspension would begin. Licensee appealed this one-year suspension to the Court of Common Pleas of Montgomery County which denied the appeal. The Department re-imposed the one-year suspension effective February 19, 2002, and mailed the official notice to Licensee's Pennsylvania residence on March 27, 2001, again requesting Licensee to return his driver's license or submit an affidavit of acknowledgment of the suspension.
On September 1, 2000, Licensee obtained a Florida "bread and butter" license and as part of that licensing program was required to surrender his Pennsylvania driver's license to the State of Florida. On November 3, 2000, the State of Florida, in turn, notified the Department of the surrender of Licensee's Pennsylvania driver's license.
On November 13, 2000, Licensee was convicted in the Bucks County Court of Common Pleas for violating Sections 3731 and 3714 of the Vehicle Code. The Department imposed a one-year suspension for Licensee's Section 3731 violation effective February 19, 2001. The official notice was mailed to Licensee's Pennsylvania residence on January 15, 2001, requesting that he return his driver's license or submit an affidavit acknowledging the suspension before credit toward serving the suspension period would begin. Additionally, the Department imposed a 15-day suspension for Licensee's violation of Section 3714 of the Vehicle Code effective February 19, 2003. Official notice was mailed to Licensee's Pennsylvania residence on March 27, 2001, again asking that he surrender his driver's license or acknowledge the suspension. Licensee did not appeal either conviction.
On March 8, 2001, Licensee was convicted in the Montgomery County Court of Common Pleas for violating Section 3731 of the Vehicle Code. The Department imposed a one-year suspension effective March 21, 2003. On April 6, 2001, official notice was mailed to Licensee's Pennsylvania residence requesting the return of his driver's license or acknowledgment of the suspension by affidavit. Licensee did not appeal this conviction. In total, these convictions generated a license suspension of three years and 15 days for Licensee. On September 1, 2004, Licensee submitted an acknowledgment of suspension to the Department.
Licensee requested a hearing before the Department asking for
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