Baez v. Dept. of Transportation

22 Pa. D. & C.5th 531
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedFebruary 3, 2011
Docketno. 7076 CIVIL 2010
StatusPublished

This text of 22 Pa. D. & C.5th 531 (Baez v. Dept. of Transportation) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baez v. Dept. of Transportation, 22 Pa. D. & C.5th 531 (Pa. Super. Ct. 2011).

Opinion

WORTHINGTON, J.,

OPINION IN SUPPORT OF AN ORDER PURSUANT TO Pa.R.A.P. 1925(a)

The matter before this court is the Department of Transportation’s (hereinafter “department”) appeal pursuant to Pa.R.A.P. 1925(b).

The procedural history and facts of this case are summarized as follows: On February 22, 1995, Charles Baez (hereinafter “petitioner”) was convicted of violating the Controlled Substance, Drug, Device and Cosmetic Act.1 On March 8, 1995, the Monroe County Clerk of courts notified the department of petitioner’s conviction via a form entitled “report of the clerk of courts showing the conviction of certain violations of the controlled substance, drug, device, and cosmetic act.” (Department’s Ex. 1)

As a result of this conviction, on March 22, 1995, the [533]*533department sent an official notice to petitioner’s address of record,2 informing him that his driving privilege would be suspended for six months, effective May 5,1995, pursuant to Section 1532(c) of the vehicle code.3 (Department’s Ex. 1) The department also notified petitioner that credit would not begin towards his suspension until the department received a completed DL-16LC form or a letter wherein petitioner acknowledged his suspension. See 75 Pa.C.S. § 1541. Additionally, the department informed petitioner thathehadarightto appeal this suspension within 30 days of the mail date of the notice. (Department’s Ex. 1) Petitioner neither submitted the necessary acknowledgement form nor appealed his suspension.

Meanwhile, petitioner appealed his underlying criminal conviction to the Superior Court. The Superior Court ultimately reversed and remanded the case; and thereafter, a petition for allowance of appeal was denied by our [534]*534Supreme Court. Commonwealth v. Baez, 671 A.2d 765 (Pa. Super. 1995) (Table Decision), appeal denied, 674 A.2d 1065 (Pa. 1996). Upon remand, the Commonwealth nolle pressed the criminal charges against petitioner. Thus, at that time, petitioner no longer had an underlying conviction or any pending charges stemming from his alleged violation of the Controlled Substance, Drug, Device and Cosmetic Act.4

Approximately 15 years later, the New York Department of Transportation notified petitioner that it was going to suspend petitioner’s New York driver’s license after discovering that petitioner had an outstanding license suspension in Pennsylvania. In an attempt to resolve this matter, petitioner contacted the department and was given a restoration requirements letter, dated July 1, 2010. This letter informed petitioner that, before his license could be restored, petitioner needed credit for his original six-month suspension. (Department’s Ex. 1) In order to start receiving credit towards the suspension, the department informed him that he needed to complete the DL-16LC Acknowledgement Form, which he never submitted when he was originally suspended.5

On July 28, 2010, petitioner filed a notice of appeal of [535]*535the department’s restoration requirements letter wherein petitioner asserts that the letter “suspend[ed] his driver’s license for a period of six (6) months, effective May 3, 1995.” Petitioner’s notice of appeal, at 1. On October 21, 2010, a hearing was held on this matter in which we sustained petitioner’s appeal.

On November 22, 2010, the department filed a notice of appeal to the Commonwealth Court. On December 1, 2010, we entered an order directing the department to file and serve its concise statement of matters complained of on appeal (hereinafter “concise statement”), which it filed on December 20, 2010. In its concise statement, the department argues that petitioner’s appeal was untimely and petitioner failed to meet its burden for nunc pro tunc appeal, the court erred in sustainingpetitioner’s appeal upon the statements of petitioner’s counsel made at the license suspension appeal hearing, and petitioner’s only recourse at this time is to request a review of his record pursuant to 75 Pa.C.S. § 1516(d) and to file an administrative appeal. Department’s concise statement, at ¶¶ 1-3.

Before addressing the department’s arguments we note that, after hearing petitioner’s license suspension appeal, we recognized that the facts of this case are extraordinary and unfortunate. It appears that petitioner essentially faces a license suspension due to an underlying conviction that no longer exists, approximately 15 years after he believed the entire ordeal was resolved. As an equitable matter, we sustained his appeal. Upon review of the transcript and relevant statutes and case law, however, we acknowledge for the reasons below that the department’s argument regarding our jurisdiction to hear petitioner’s [536]*536appeal has merit.

First, petitioner’s license suspension was mandatory upon his drug conviction. See 75 Pa.C.S. § 1532(c) (quoted above); Commonwealth v. Wolf, 534 Pa. 283, 289, 632 A.2d 864, 866-67(Pa. 1993). In Wolf, our Supreme Court held that a trial court does not “possess the authority to extend the effective date of [a license] suspension beyond the date of conviction, i.e., the date sentence is imposed.”6 Wolf at 289, 632 A.2d at 866-67. Specifically, the petitioner in Wolf sought a supersedeas of his license suspension for the duration of his appeal of his underlying DUI conviction through the appellate courts. Id. at 865. In upholding the denial of his request, the court:

recognize [d] that a conviction, while generally finalized through imposition of a judgment of sentence, is also, as a practical matter, not final until appeals have been exhausted or the time for appeal has expired. However, given the procedural framework established by the Legislature, which requires the trial court and/ or District Attorney to compel surrender of the driver’s license, we conclude that the Legislature envisioned that the imposition of sentence constitutes a conviction for purposes of the mandatory suspension. Id. at 288 n.4.

In other words, the court concluded that the imposition of sentence constitutes the procedural event which triggers a license suspension, allowing the department to take [537]*537action upon receiving a certified record of the driver’s conviction. See Id. at 288 n.3. The trial court, itself, has no authority to extend the date of this triggering event.

The Supreme Court also addressed, in dicta, the basic situation which occurred in this case, i.e. when a defendant serves the mandatory suspension upon conviction and then has that conviction reversed on appeal. The court stated:

Moreover, it is obvious that the Legislature was aware of the frustration in the situation where a defendant serves the mandatory suspension upon conviction and then has that conviction reversed on appeal, since it expressly provided for a limited delay of the commencement of suspension for up to six months upon a showing of hardship. 75 Pa.C.S. § 1541(a).[7] The six-month delay available in cases of hardship, sufficiently exhibits to us that the Legislature was aware of the inconvenience or frustration associated with the loss of driving privileges and expressly ameliorated it to the extent it deemed to be appropriate.

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Related

Bass v. Commonwealth
401 A.2d 1133 (Supreme Court of Pennsylvania, 1979)
Commonwealth v. Kane
333 A.2d 925 (Supreme Court of Pennsylvania, 1975)
COM., DEPT. OF TRANSP. v. Gelormino
636 A.2d 224 (Commonwealth Court of Pennsylvania, 1994)
Commonwealth v. Kruc
557 A.2d 443 (Commonwealth Court of Pennsylvania, 1989)
Commonwealth v. Wolf
632 A.2d 864 (Supreme Court of Pennsylvania, 1993)
McCrea v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
783 A.2d 380 (Commonwealth Court of Pennsylvania, 2001)
City of Philadelphia v. Tirrill
906 A.2d 663 (Commonwealth Court of Pennsylvania, 2006)
Commonwealth v. Lawrence
611 A.2d 765 (Superior Court of Pennsylvania, 1992)

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Bluebook (online)
22 Pa. D. & C.5th 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baez-v-dept-of-transportation-pactcomplmonroe-2011.