12 Pa. Commw. 508 | Pa. Commw. Ct. | 1974
Opinion by
This is an appeal by the Commonwealth of Pennsylvania (Commonwealth) from an order of the Court of Common Pleas of Chester County dated July 7, 1972, sustaining the appeal of Michael Joseph Lamb (Lamb) and thereby reversing the suspension of Lamb’s motor vehicle operating privileges by the Secretary of Transportation.
On June 27, 1971, Lamb was arrested and charged with a violation of Section 1001(1) of The Vehicle Code, Act of April 29, 1959, P. L. 58, as amended, 75 P.S. §1001, i.e., “reckless driving.”
The record discloses that Lamb left for a trip to Europe during the first Aveek of August 1971, and returned to his home on September 4, 1971. A “couple days after” Lamb returned home, he was advised by his mother that she had received by certified mail a summons issued in connection with The Vehicle Code violation. She told her son that she had paid the fine because she believed that nonpayment would have resulted in a suspension of his motor vehicle operator’s license. The record further discloses that on October 28, 1971, Lamb was convicted of the said violation by a member of the minor judiciary. Lamb took no appeal from this
On May 19, 1972, Lamb appealed from this suspension to the court below, and a bearing was held on June 29, 1972. Tbe court below made a finding that Lamb bad no knowledge of tbe payment of tbe fine and costs by bis mother, and that be bad not authorized her to pay same on bis behalf. Tbe sole issue decided by tbe lower court was whether, under such facts, Lamb bad been “convicted” and hence bis license properly suspended. On the authority of Commonwealth v. Heckathorne, 18 Chest. 22 (1969), tbe lower court concluded that tbe record made did not indicate knowledge or authority on Lamb’s behalf with regard to tbe payment of tbe fine and costs, and therefore, Lamb was not “convicted.”
Tbe only question presented to us by tbe Commonwealth is whether tbe court below committed an error of law in reversing tbe suspension based upon its bolding that there was no conviction because Lamb’s mother paid tbe fine and costs without Lamb’s authority or knowledge. This Court has previously ruled on tbe same issue in Commonwealth v. James, 6 Pa. Commonwealth Ct. 493, 296 A. 2d 530 (1972). In James, tbe appellant was a truck driver who learned three days after returning from a long haul that bis wife bad paid tbe fine and costs in bis absence, but, as in this case, be did nothing until he was served with a notice of suspension by tbe Secretary some months later. We said in James, supra: “As a result, we must agree with tbe Commonwealth’s contention that James’s summary conviction, which arose from a criminal proceeding, was
Our review of the scant (six pages) transcript of the hearing held before the court below discloses that the Commonwealth did not offer one woi’d of testimony, nor one iota of evidence in support of its burden of proving the basis for Lamb’s suspension. A reading of Lamb’s petition on appeal to the lower court does not substantiate or set forth sufficient detail to support the Commonwealth’s contention that the Secretary of Transportation ever received a report of Lamb’s conviction.
It should be pointed out that Lamb appeared before this Court in propria persona, and although he is not to be given any particular advantage because of his lack of knowledge of the law, we cannot ignore the Common
In summary then, we hold that the court below erred with respect to the grounds on which it reversed the suspension of Lamb’s motor vehicle operator’s license. In light of the foregoing opinion, however, we must affirm the order of the lower court for the sole reason that the record does not support the suspension levied by the Secretary of Transportation. We therefore affirm the order of the lower court dated July 7, 1972.