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Mullin v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

Dismissal of statutory appeal of license suspension reversed; licensee was not required to specifically state in her appeal the defenses that she would present at hearing, the legal theories of the case or a detailed statement of what laws the DOT violated.

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Submitted: August 24, 2001

Linda Mullin appeals from an order of the Court of Common Pleas of Chester County, which dismissed Mullin’s statutory appeal of her one-year license suspension by the Department of Transportation, Bureau of Driver Licensing (DOT). Both parties agree that the trial court committed an error of law by sua sponte summarily dismissing Mullin’s statutory appeal on remand without a hearing. Mullin again requests the Court to remand this matter to the trial court for a de novo hearing on her statutory appeal.

On December 28, 1999, Mullin received notice of a one-year license suspension from DOT pursuant to Section 1550 of the Vehicle Code, 75 Pa. C.S. �1550, arising from her November 27, 1999 arrest for driving under the influence and her alleged refusal to submit to a blood test. Mullin filed a timely appeal to the trial court on January 26, 2000. The trial court scheduled a hearing for May 18, 2000, but on May 17, 2000 the trial court entered an order sua sponte dismissing her statutory appeal on grounds that she failed to state specific grounds for the appeal in her petition. Mullin filed an appeal to this Court, and, upon consideration of a joint motion, the Court vacated the trial court’s order, reinstated Mullin’s statutory appeal and remanded the matter to the trial court. On remand the trial court again sua sponte summarily denied Mullin’s statutory appeal without affording her a hearing.

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