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

FLAHERTY, Judge.

I respectfully dissent. I agree with the trial court that the Department’s notice which read: “violating Section 13A12 of the Vehicle Code, ACQ/OBT/POSS-CTRL SUB,” is nearly incomprehensible. It does not inform an accused of the charges against him so as to permit him to prepare an adequate defense. Therefore, this notice does not afford the accused procedural due process. This mistake is not simply an immaterial error, like an incorrect date in Sutton1 and Davidson,2 or a typographical error in Hahn3 — the cases relied upon by the Department. The Department should be held to…