Vellon, J. v. Dept of Transportation

Supreme Court of Pennsylvania

Vellon, J. v. Dept of Transportation

Supreme Court of Pennsylvania·Decided March 16, 2022·No. 555 MAL 2021 (Granted)·Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

JOSE L. VELLON, : No. 555 MAL 2021 :

Petitioner :

: Petition for Allowance of Appeal : from the Order of the v. : Commonwealth Court : :

COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, :

:

Respondent :

ORDER

PER CURIAM

AND NOW, this 16th day of March, 2022, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by petitioner, is:

Whether the Commonwealth Court of Pennsylvania erred in affirming the Court of Common Pleas denial of the statutory appeal of suspension of operating privileges based on a finding that 75 Pa.C.S. [§] 3806(b)(3) requires that each pending multiple driving under the influence offense for which sentencing occurs on the same day be considered a “prior offense” for all other offenses, without regard to whether sentence has yet been imposed, as provided for in the general definition of “prior offense” under 75 Pa.C.S [§] 3806(a)?

Justice Brobson did not participate in the consideration or decision of this matter.

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

JOSE L. VELLON, : No. 555 MAL 2021 :

Petitioner :

: Petition for Allowance of Appeal : from the Order of the v. : Commonwealth Court : :

COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, :

:

Respondent :

ORDER

PER CURIAM

AND NOW, this 16th day of March, 2022, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by petitioner, is:

Whether the Commonwealth Court of Pennsylvania erred in affirming the Court of Common Pleas denial of the statutory appeal of suspension of operating privileges based on a finding that 75 Pa.C.S. [§] 3806(b)(3) requires that each pending multiple driving under the influence offense for which sentencing occurs on the same day be considered a “prior offense” for all other offenses, without regard to whether sentence has yet been imposed, as provided for in the general definition of “prior offense” under 75 Pa.C.S [§] 3806(a)?

Justice Brobson did not participate in the consideration or decision of this matter.

Vellon, J. v. Dept of Transportation, (Pa. 2022).

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