Commonwealth, Department of Transportation, Bureau of Traffic Safety v. Wolf

Opinion by

Judge Craig,

The Pennsylvania Department of Transportation (department) appeals an order of the Court of Common Pleas of Franklin County reversing the department’s order which suspended the operator’s license of auto driver Benton Franklin Wolf, Jr. for fifty-five days, under Section 1539 of The Vehicle Code, 75 Pa. C. S. §1539, which imposes a first suspension of five days for each point when “any person’s record shows an accumulation of 11 points or more....”

The common pleas court reversal was based upon the department’s failure to prove that, as of February 5, 1979, the date on…