508 A.2d 397 | Pa. Commw. Ct. | 1986
Opinion by
John Allen Kuzar (appellant) appeals the order of the Court of Common Pleas of Cambria County (trial court) which sustained the suspension of, his drivers license imposed by the Department of Transportation, Bureau of Traffic Safety (Department) as mandated by Section 1532(b) of the Vehicle Code (Code), 75 Pa. C. S. §1532(b) due to his conviction under Section 3731 of the Code, 75 Pa. C. S. §3731 (driving under the influence of alcohol or controlled substance).
The sole issue raised by the appellant
As the appellant acknowledges, our case law is well-settled that judicial review of an administrative suspension of a drivers license due to a conviction for violating the traffic laws is limited to determining whether or not the motorist, in feet, has been convicted of the traffic
Our review of this record indicates that the appellant, after consultation with his attorney in the criminal matter, freely chose to plead guilty to the charge of driving under the influence. Upon becoming aware of the alleged after-discovered evidence, he could have attempted to withdraw his guilty plea. See Pa. R. Crim. P. 320 and 321. Not having availed himself of those procedural due process safeguards in the criminal process, he cannot now be permitted to attack his criminal conviction in this civil proceeding. See Callan v. Bureau of Traffic Safety, 19 Pa. Commonwealth Ct. 635, 339 A.2d 163 (1975) (driver suspension and revocation proceedings must be considered civil in nature; therefore, procedures which otherwise might invalidate a criminal conviction do not necessarily invalidate the revocation of a drivers license). Under these circumstances, therefore, we find no due process deprivation.
Accordingly, we will affirm the order of the trial court.
Order
And Now, this 30th day of April, 1986, the order of the Court of Common Pleas of Cambria County, dated July 18, 1983, in the above-captioned matter is affirmed.
The Department contends in its brief that the appellant foiled to preserve this issue for appeal by not raising it before the trial court. The record, however, contains the appellants Petition for Hearing in Suspension of Operators License and the proposed findings of feet and conclusion of law which he submitted to the trial court, both of which explicitly refer to the constitutional challenge raised on appeal. Moreover, the transcript from the hearing in the trial court reveals that the appellants counsel specifically raised the constitutional argument in his closing argument. Obviously, we must, therefore, address the merits of the appellants argument.
Our review of the order of a common pleas court in a license suspension case is limited to determining whether or not the findings of that court are supported by competent evidence and whether or not there has been an error of law. Department of Transportation v. Korchak, 506 Pa. 52, 483 A.2d 1360 (1984).