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O'Donnell v. Commonwealth

Dismissal of appeal from drivers' license suspension reversed because court erred in disposing of licensee's statutory appeal without first conducting a de novo hearing as required under section 1550 of the Vehicle Code.

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Submitted: June 8, 2001

Michael E. O’Donnell, Sr. (Licensee) appeals from the December 20, 2000 order of the Court of Common Pleas of Chester County (trial court) that dismissed Licensee’s statutory appeal from the Department of Transportation’s (DOT’s) one-year suspension of Licensee’s operating privilege for failure to file a sufficient statutory appeal. For the reasons that follow, we reverse the trial court’s order and remand the matter for a de novo hearing pursuant to Section 1550 of the Vehicle Code, 75 Pa. C.S. �1550.

By official notice dated and mailed September 19, 2000, DOT notified Licensee that it was suspending his operating privilege for one year pursuant to Sections 1532(b)(3) and 1581 of the Vehicle Code, 75 Pa. C.S. ��1532(b)(3) and 1581, as a consequence of his conviction in New Jersey for the offense of driving under the influence. (R.R. 8-9a.) On October 11, 2000, Licensee filed a “Petition for Appeal from Order of Department of Transportation Suspending Motor Vehicle Operating Privileges,” essentially averring that DOT’s order suspending his operating privilege was “illegal, arbitrary, unreasonable, an abuse of discretion and contrary to law.” (R.R. 6a.)

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