L.S. Riffey v. PennDOT, Bureau of Driver Licensing
2537 C.D. 2015
| Pa. Commw. Ct. | Sep 28, 2016Background
- Riffey was convicted in 2008 in York County for possession of a controlled substance.
- PennDOT notified a six-month suspension effective Sept. 11, 2014, under §1532(c).
- Riffey appealed the suspension to the trial court; case consolidated with twenty-two similar cases.
- At a March 25, 2015 hearing, licensees’ prejudice testimony was discussed; the court assumed prejudice for all licensees.
- Following Smires v. O’Shell (Pa. Cmwlth. 2016), the trial court dismissed the appeals and reinstated suspensions.
- Gingrich v. DOT, Pa. Cmwlth. 2016, created a narrow exception requiring case-specific findings on delay, lack of violations, and prejudice; this case is remanded for those findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Riffey qualifies for Gingrich exception to reporting delay | Riffey argues Gingrich applies | Record insufficient for Gingrich; requires factual determination | Remanded for factual findings under Gingrich |
Key Cases Cited
- Gingrich v. Department of Transportation, Bureau of Driver Licensing, 134 A.3d 528 (Pa. Cmwlth. 2016) (narrow exception to delay requires case-specific prejudice findings)
- Smires v. O’Shell, 126 A.3d 383 (Pa. Cmwlth. 2016) (prejudice and delay defenses evaluated; mandamus relief denied)