This is an appeal from the suspension of automobile operating license for violation of the speed regulations of The Vehicle Code, From the evidence we find the fallowing facts;
2. He was timed at that rate for a period of two miles by a Pennsylvania State policeman, subsequently arrested and paid the prescribed fine and costs in summary proceedings.
3. At the point in question where defendant was driving the highway was three lanes in width, the weather was clear, the highway was dry, traffic was light and dusk was falling.
From the evidence we are obliged to find that defendant violated the speed regulations of The Vehicle Code and his license, therefore, was subject to suspension unless this court in its discretion is able to find circumstances which would justify sustaining this appeal.
Up to this point the case is a simple, uncomplicated ease of speeding, with no intimation of driving in a reckless manner or in a manner dangerous to other users of the highway, except for the rate of speed itself. However, it further appears that appellant was arrested and convicted once before, either in 1946 or 1947, for a violation of the speed regulations of the code, his license was suspended and for business reasons at that time he was issued a so-called restricted license by the Secretary of Revenue. Other than that appellant seems to have a safe driving record.
In our opinion in Thomas License, 82 D. & C. 430, we discussed the various appellate court decisions authorizing judges of the courts of common pleas to apply judicial discretion in the matter of the suspension of automobile operating licenses, and in a number of eases thereafter where on a showing of simple, uncomplicated violations of the speed regulations by drivers who had hitherto records for safe driving and free from a history of violations of The Vehicle Code
Now, May 8, 1953, the appeal is dismissed.