SUSPENSION? WHAT SUSPENSION?! DRIVER MUST RECEIVE NOTICE OF LICENSE SUSPENSION BEFORE CONVICTION WILL BE UPHELD
The PA Superior Court has decided the case of Commonwealth v. Scotty Joe Sales, No. 2057 MDA 2016 (November 6, 2017), holding that without proof that Sales was mailed notice of his commercial driver’s license suspension, the evidence was insufficient to convict him of driving with a suspended CDL.
Accordingly, the Superior Court concluded that the Commonwealth failed to establish that Sales actually received notice of the Kentucky license suspension.
DISCLAIMER – The information contained in this article is for general guidance on the subject matter only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information in this article. Case summaries are primarily excerpted directly from the decisions authored by the Courts. The decisions are cited and linked and the reader is encouraged to read the entire decision. Accordingly, the information in this article is provided with the understanding that the authors and publishers are not herein engaged in rendering legal or other professional advice and services. As such, it should NOT be used as a substitute for consultation with a McMahon Winters Soto-Ortiz Law Firm attorney. Before making any decision or taking any action, you should always consult with a McMahon Winters Soto-Ortiz Law Firm attorney.