Thursday, June 23, 2016

drivers license - suspension - delay in reporting conviction

Capizzi v. DOT – Cmwlth. Court – June 23, 2016

As a general rule, delays in reporting driving convictions to DOT do not negate a license suspension, unless a) the delays are chargeable to DOT and b) the delay results in prejudice to the driver.  However, a suspension can be negated where the delay is extraordinarily long (e.g. seven or eight years) and results in prejudice, even if the delay is attributable to the clerk of courts, rather than DOT.  See, Gingrich v. Department of Transp., Bureau of Driver Licensing, 134 A.3d 528 (Pa. Cmwlth. 2016).