Commonwealth v. Melcher

SMILLIE, J.,

On September 20, 1979, the Department of Transportation issued a five year revocation of Joseph Francis Melcher’s operating privileges pursuant to the habitual offender’s provisions of the Vehicle Code, 75 Pa.C.S.A. §1542. Melcher appealed the revocation to the court of common pleas. On January 29,1980, after hearing and consideration, an order was *426handed down dismissing the appeal and reinstating the Secretary of Transportation’s revocation order. Petitioner has appealed from that order, necessitating the opinion herewith;

The power and discretion vested in the lower court in…