Commonwealth v. Lyons

This appeal presents the Court with an issue of first impression, namely, whether a second offense of driving while operating privileges are under suspension, which is punishable by not more than six months imprisonment, pursuant to 75 Pa.C.S. § 6503, is intended by the legislature to be a summary offense or a misdemeanor. Our analysis of the pertinent statutory provisions leads us to find that a second violation of 75 Pa.C.S. § 1543(a) is a summary offense.

Driving while one’s operating privilege is suspended constitutes a summary offense under 75 Pa.C.S. § 1543(a), which provides as…