13 Pa. Commw. 162 | Pa. Commw. Ct. | 1974
Opinion by
On April 29, 1972, Appellee Robert E. Thompson was apprehended on Interstate 81 for driving at a speed
There is no question that the lower court committed an error of law by sustaining Thompson’s appeal solely on this ground. See our recent decisions in Commonwealth v. Jula, 12 Pa. Commonwealth Ct. 140, 316 A. 2d 681 (1974); and Commonwealth v. Huff, 10 Pa. Commonwealth Ct. 261, 310 A. 2d 435 (1973); Commonwealth v. Vairo, 9 Pa. Commonwealth Ct. 454, 308 A. 2d 159 (1973); Commonwealth v. McCartney, 2 Pa. Commonwealth Ct. 540, 279 A. 2d 77 (1971); Commonwealth v. Vekovius, 2 Pa. Commonwealth Ct. 226, 278 A. 2d 371 (1971). Rather, Appellee argues that the case be remanded to enable the court below to determine the factual question of whether there were sufficient extenuating circumstances surrounding the incident to justify his violation. We need not remand the case, however, as the record clearly establishes that the Commonwealth has made out a prima facie case, and the mitigating circumstances presented, even if given full credence, would not afford the lower court a basis to reverse the suspension.
Primarily, Appellee contends that he was not aware of his speed because of a malfunction in his speedometer. Aside from the