Radice v. Department of Transportation, Bureau of Traffic Safety

In Radice v. Department of Transportation, Bureau of Traffic Safety, 118 Pa. Commw. 627, 545 A.2d 1005, 1007 (Pa. Cmwlth. 1988), the Court stated that "the only issues in a license suspension appeal are whether the licensee was in fact convicted and whether the Department of Transportation DOT has acted in accordance with applicable law." Moreover, in Radice, the licensee argued that, on equitable grounds, this court should carve out an exception to the rule prohibiting collateral attacks on underlying criminal convictions where the motorist is innocent of the underlying criminal charge. The Court held that, "in light of the wealth of case law holding that a licensee may not raise a collateral attack on the underlying criminal conviction in a license suspension appeal, such an argument is frivolous." Radice, 545 A.2d at 1008. The Court then awarded DOT reasonable counsel fees for a frivolous appeal under Pa. R.A.P. 2744. Finally, The Court has specifically stated that the only remedy for a licensee who believes that he or she is innocent of underlying criminal charges is to file a nunc pro tunc appeal of the underlying criminal conviction. Radice.