Dudreck Motor Vehicle Operator License Case
Dudreck Motor Vehicle Operator License Case
Opinion of the Court
Opinion by
On September 23, 1967, in Jefferson Township, Butler County, Albert Dudreck was apprehended by a State Policeman for operating his Ford Coupe on Route 356, at a rate of seventy-five miles per hour in a forty-five mile per hour speed zone established by the Secretary of Highways under Section 1002(b)(8) of The Vehicle Code.
The learned hearing judge reasoned that Dudreck was required to maintain his driving license to enable Mm to work and earn a livelihood, that he had no prior violations, that there was no showing of adverse road conditions or heavy traffic, and that there was no reckless conduct involved. As we pointed out in an opinion filed this day in Crowell Motor Vehicle Operator License Case, 214 Pa. Superior Ct. 273, 257 A. 2d 613, these conditions do not furnish a basis for finding an abuse of discretion on the part of the Secretary of Revenue. A motor vehicle operator’s license may be suspended on the basis of unlawful speed alone: Lucchetti Motor Vehicle Operator License Case, 213 Pa. Superior Ct. 397, 249 A. 2d 783. Reversal is therefore mandated.
Although Dudreck’s offense occurred after the effective date (July 24, 1966) of the amendment to The Vehicle Code establishing the point system, it is not a violation to which the point system applies. The suspension was properly imposed by the Secretary under the provisions of Section 618(b) (2), 75 P.S. 618(b) (2). See Kerr Motor Vehicle Operator License Case, 213 Pa. Superior Ct. 406, 249 A. 2d 787.
The order of the court below is reversed, and the order of the Secretary of Revenue is reinstated.
Act of April 29, 1959, P. L. 58, 75 P.S. 1002(b) (8).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.