Commonwealth v. Harvey

FARINA, J.,

Before the court is defendant Samuel W. Harvey’s post-trial motion challenging his conviction at a summary bench trial of driving during suspension in violation of section 1543(a) of the Vehicle Code, 75 Pa.C.S. §101 et seq. Prior to trial, defendant filed a timely motion to dismiss the summary charge as time-barred under section 5553(a) of the Judicial Code, 42 Pa.C.S. §101 et seq., which motion was denied. For the reasons that follow, we grant defendant’s post-trial motion and discharge defendant.

This case requires us to examine the effect on section 5553(a) of the Judicial Code…