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Ciaccia v. Commonwealth

Dismissal of appeal from one-year suspension of driver's license affirmed; where records of licensee's convictions were sent to DOT in reverse order, DOT did not err in considering licensee's first conviction as his second offense for purpose of suspending his license for one year because applicable statute clearly states that, before the DOT can suspend a licensee's driving privileges, DOT must first receive a certified record of the driver's conviction.

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Submitted: June 15, 2001

Nicholas Sylvester Ciaccia (Licensee) appeals from the order of the Court of Common Pleas of Fayette County (trial court) which dismissed his statutory appeal from a one-year suspension of his operating privileges imposed by the Department of Transportation, Bureau of Driver Licensing (Department) in conformity with Section 1532(d) of the Vehicle Code, 75 Pa. C.S. � 1532(d). We affirm.

On July 17, 1999, Licensee was cited under 18 Pa. C.S. � 6308 for purchasing, consuming, possessing or transporting alcohol as a minor. Licensee was convicted by a District Justice on July 26, 1999. This was Licensee’s first conviction. On June 28, 2000, eleven months after Licensee’s conviction, the District Justice signed the suspension of operating privileges form and forwarded it to the Department.

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