206 Pa. Super. 544 | Pa. Super. Ct. | 1965
Opinion by
The appellee, Arthur L. Scavo, was convicted in the Quarter Sessions Court of Luzerne County of the
The questions before us may be limited to, (a) was appellee entitled to a hearing requested after he had taken an appeal to the Common Pleas Court, and (b) if he was improperly refused such a hearing was that sufficient reason for. the court to reverse the Secretary.
The second question may be readily answered in the-negative. The appeal perfected by appellee after the-suspension of his privilege to drive was proper and imposes on the Common Pleas Court, pursuant to Section 620 of The Vehicle Code, .the-duty '“to take testimony and examine into the facts of the case, and to. determine whether the petitioner is subject to. suspension of operator’s license ...” The lower court ap
However, in order to avoid any unnecessary action we shall consider the basic question of whether appellee was entitled to such hearing. This question has also been settled by this Court in Hamsher Motor Vehicle Operator License Case, 196 Pa. Superior Ct. 336, 175 A. 2d 303 (1961). Therein we held that a motorist by failing to ask for a hearing before the Secretary of Revenue and taking an appeal waived her right to á hearing. The case is also authority for the ruling that a hearing before the Secretary is not a prerequisite to a hearing de novo before the judicial body hearing the appeal.
Order reversed and case remanded to the lower court for consideration and decision on the merits.
Hon. Richard Tj. Bigelow presided at the trial of appellee at which he was convicted, as well as at the hearing on the appeal from the suspension.