Tarnopolski v. COM, DEPT. OF TRANSP.

The majority finds that a third party’s payment of fine and costs which constitutes a conviction of an offense requires the suspension of the charged party’s operating privileges even where:

* the fines and costs were paid without the charged party’s consent or knowledge

* the charged party had “of record” entered a “not guilty” plea

* the magistrate later dismissed the charge upon which PennDOT rules.

I dissent because the initial order certifying conviction is no longer valid when a subsequent certified order is introduced dismissing the charge certified as a conviction in the initial order…