Zimmerman v. Department of Transportation, Bureau of Driver Licensing

In Zimmerman v. Department of Transportation, Bureau of Driver Licensing, 759 A.2d 953 (Pa. Cmwlth. 2000), the Court held that "separate administrative penalties for multiple convictions arising from the same transaction are prohibited where the convictions are greater and lesser included offenses." Id. at 957. Thus, the Court held that to determine the length of a suspension, a lesser included criminal offense merged into the greater offense. Thereafter, the suspension was determined on the basis of each merged conviction.The Court held that "separate administrative penalties for multiple convictions arising from the same transaction are prohibited where the convictions are greater and lesser included offenses." Id. at 957. Thus, the Court held that to determine the length of a suspension, a lesser included criminal offense merged into the greater offense. Thereafter, the suspension was determined on the basis of each merged conviction.