Rabin Motor Vehicle Operator License Case

Opinion by

Woodside, J.,

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Mercer County reversing an order of the Secretary of Revenue which suspended the operator’s license of Maurice Rabin for a period of 90 days.

The facts in this case are not in dispute. On April 3, 1960, Rabin was arrested for speeding at a rate of 65 miles per hour in a 50 mile per hour zone. He pleaded guilty to this charge. The secretary held a hearing on September 30, 1960, which resulted in a 90 day suspension. This was the third time within three *557years that Rabin had been convicted…