A licensee may prove that he was prejudiced by an unreasonable delay in suspending his driver’s license by demonstrating that as a business owner, he changed his job duties such that a license became necessary for the financial well being of his company, a narrow majority of the Commonwealth Court has ruled.
Faced with the issue of whether an owner of a multi-employee business that could use or hire other employees to perform his functions could ever establish prejudice as a result of delay, the four-judge majority in Orloff v. Commonwealth, Dept. of Transportation, PICS Case No. 06-1822 (Pa. Commw. en banc Dec. 18, 2006) Pellegrini, J.; Leavitt, Leadbetter & Jubelirer, JJ., dissenting (18 pages), rejected the contention that prejudice may only be established by the loss of a job or the closing of a business.
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