94 Pa. Commw. 205 | Pa. Commw. Ct. | 1986
Opinion by
James P. DrogoiwsM (Appellant) appeals from the order ¡of ¡the ¡Court of Common Pleas of Allegheny County which upheld the action of the Department of Transportation (Department) revoking Appellant’s driver’s license for a period of five years as a habitual offender under ¡Section 1542 of the Vehicle Code (¡Code), 42 Pía. C. S. §1542.
.On February 19, 1982, Appellant pled guilty to criminal charges arising from an incident which oc
On appeal, Appellant contends that Section 1542 of the Vehicle Code is unconstitutional as applied to this flaotulal situation in that it Constitutes cruel and unusual punishment in violation of Article 1, Section 13 of toe Constitution of toe Commonwealth of Pennsylvania, and the 8th Amendment to the Constitution of toe United (States.
'Section 1542 provides:
(a) General rule. — The department ¡shall revoke toe ¡operating privilege of any person found to he a habitual offender pursuant to the provisions of this .section. A ‘habitual offender’ shall he any person whose driving record, as maintained in toe department, shows that such person has accumulated toe requisite number of convictions for toe separate ¡and distinct offenses described and enumerated in subsection
(b) .. . .
(b) Offenses enumerated. — 'Three convictions arising from separate ¡acts of any .one or more of toe folio,wing offenses committed either singularly or in combination by any person shall result in ¡such person being designated as a habitual offender:
*208 (1) Any offense set forth in Section 1532 (relating to revocation or suspension of operating privilege)4
Appellant contends that the revocation in the present case constitutes “cruel land unusual punishment” in view of the fact that the convictions giving rise to his revocation were ¡all the result of a single incident, caused iby Appellant’s schizophrenia and ¡alcohol addiction, for which he later received treatment.
It is well ¡settled that the iConstitutionial limitation ¡agiainst cruel ¡and unusual punishment referred to in Article 1, iSection 13 of the Pennsylvania Constitution ¡applies only in criminal cases. Moselein v. State Board of Pharmacy, 60 Pa. Commionwealth Ct. 574, 432 A.2d 295 (1981).
Appellant perceives his revocation as punitive only, and thus complains that his illness during the .time of his offenses should be considered in mitigation of his punishment. It should be noted, however, that driver revocation proceedings 'are remedial sanctions and are civil in nature*, designed to protect the public from unsafe drivers. Zanotto v. Department of Transportation, 83 Pa. Commonwealth Ct. 69, 475 A.2d 1375 (1984). Thus, the .revocation is not so much punishment imposed upon Appellant for his level ¡of culpability in the matter, ¡as it is protection .given to the public against Appellant’s demonstrated unsafe driving habits. Indeed, health ¡conditions such as .those Appellant has alleged to .suffer from ¡can themselves justify the denial of a driver’s license, regardless of whether the driver has committed ¡an offense under the Code. See Section 1519 of the Code, 75 Pa. C. S. §1519.
Finally, Appellant’s argument that he cannot be considered a “habitual offender” because his three convictions were all the result of a single episode is without merit. We have already considered this argument in Reese v. Department of Transportation, 71 Pa.
For the foregoing reasons, we conclude that the court of common pleas did not err in laffirmdng the Department’s action revoking Appellant’s driver’s license. See Yeckley v. Commonwealth, 81 Pa. Commonwealth Ct. 576, 474 A.2d 71 (1984). Accordingly, we affirm the order of the court of common pleas which dismissed Appellant’s appeal.
Order
Now, January 15, 1986, the Order of the Court of Common Pleas of Allegheny ¡County, No. S.A. 506 of 1982, dated October 22, 1982, is hereby affirmed.
Section 3731 of the Code, 75 Pa. C. S. §3731.
Section 3734 of the Code, 75 Pa. C. S. §3734.
Section 3733 of the Code, 75 Pa. C. S. §3733.
Section 1532 of the Code makes reference to Sections 3731, 3733 and 3734 of the Code, the Sections under which Appellant was convicted.
The same result has been reached with respect to the 8th Amendment to the United States Constitution, Zwick v. Freeman, 373 F.2d 110 (2nd Cir.) (1967), cert. denied, 389 U.S. 835 (1967).