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

OPINION BY

JUDGE SIMPSON

Daniel Fetherman (Licensee) appeals from an order of the Court of Common Pleas of Monroe County1 (trial court) that denied his license suspension appeal as untimely from the Department of Transportation’s (DOT) 18-month suspension of Licensee’s operating privilege under 75 Pa. C.S. § 1647(b)(1)(H) and the one-year suspension of Licensee’s operating privilege imposed under 75 Pa. C.S. § 1543. Licensee contends the trial court erred by failing to allow an appeal nunc pro tunc (late appeal by permission) in light of the U.S. Supreme Court’s decision in Birchfield v. North…