Commonwealth, Dept. of Transportation v. Middaugh – Pa. S.Ct. – January 20,2021
Majority http://www.pacourts.us/assets/opinions/Supreme/out/J-7-2020mo%20-%20104664745125444695.pdf?cb=1
Concur http://www.pacourts.us/assets/opinions/Supreme/out/J-7-2020cdo%20-%20104664745125444731.pdf?cb=1
Dissent http://www.pacourts.us/assets/opinions/Supreme/out/J-7-2020do%20-%20104664745125444810.pdf?cb=1
Held:
Trial court upholding driver appeal affirmed. In reaching its holding, the court relied on Gingrich v. PennDOT, 134 A.3d 528 (Pa. Cmwlth. 2016), which set forth the following rule for situations where the delay is attributable to a court clerk rather than PennDOT:
[W]here . . . a licensee is able to demonstrate all of the following: [(1)] a conviction that is not reported for an extraordinarily extended period of time; [(2)] the licensee has [no further violations of the Vehicle Code] for an extended period; and [(3)] prejudice, it may be appropriate for common pleas to grant relief.
Id. at 535. Applying the standard, the trial court found that the 28-month delay was extraordinary, Appellee did not have any further violations during that period, and Appellee had demonstrated he would be prejudiced by the lateness of the suspension, particularly in view of his medical condition and the impact a suspension would have on it.
