 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Laskoski v. Pennsylvania Dep't of Transportation12/2/2005
towards his suspension beginning February 19, 2001, his earliest date of suspension.
What that argument ignores is that even as a non-resident driver,
Licensee had to comply with specific requirements of the Pennsylvania Vehicle Code that had to be met for credit time to run against a suspension. Section 1541(a) of the Vehicle Code provides that " he period of disqualification, revocation or suspension of the operating privilege or the disqualification of the commercial operating privilege shall commence as provided for in section 1540 (relating to surrender of license)." Section 1540(b)(3) of the Vehicle Code, 75 Pa. C.S. §1540(b)(3), provides as follows: "The suspension, revocation or disqualification shall be effective upon the earlier of: (i) a date determined by the department; or (ii) the date of filing or mailing of the license or acknowledgment to the department, if that date is subsequent to the department's notice to surrender the license." Section 1541(a) of the Vehicle Code also states in pertinent part that:
No credit toward the revocation, suspension or disqualification shall be earned until the driver's license is surrendered to the department, a court or a district attorney, as the case may be. A nonresident licensed driver or an unlicensed driver individual, including a driver whose license has expired, shall submit an acknowledgment of suspension or revocation to the department in lieu of a driver's license...If a licensed driver is not in possession of his driver's license, no credit toward the disqualification, revocation or suspension shall be earned until a sworn affidavit or a form prescribed by the department is surrendered to the department swearing that the driver is not in possession of his driver's license. (Emphasis added).
Under these provisions, the State of Florida's notification to the Department on November 3, 2000, of Licensee's driver license submission does not satisfy the mandates of the Vehicle Code which requires Licensee, even as a non-resident, to submit an acknowledgment of suspension to the Department in lieu of a driver's license in order for his credit period to begin. Because that did not occur until September 1, 2004, the Secretary did not err in finding that Licensee did not begin to earn credit until that date.
For the foregoing reasons, we affirm the order of the Secretary which states Licensee began earning credit on September 1, 2004, and deny Licensee's petition for review.
AND NOW, this 2nd day of December, 2005, the order of the Secretary of the Pennsylvania Department of Transportation dated May 12, 2005, is hereby affirmed.
DAN PELLEGRINI, Judge
Page 1 2 3 Pennsylvania DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|