Drabic v. COM., DEPT. OF TRANSP.

906 A.2d 1153, 588 Pa. 670, 2006 Pa. LEXIS 1834
CourtSupreme Court of Pennsylvania
DecidedSeptember 27, 2006
Docket152 MAP 2005
StatusPublished
Cited by20 cases

This text of 906 A.2d 1153 (Drabic v. COM., DEPT. OF TRANSP.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drabic v. COM., DEPT. OF TRANSP., 906 A.2d 1153, 588 Pa. 670, 2006 Pa. LEXIS 1834 (Pa. 2006).

Opinions

[672]*672 OPINION

Justice BALDWIN.

The issue presented in this case is whether collateral civil consequences of criminal acts, in this instance suspensions of operating privileges (ie., driver’s licenses), should be merged to accord with the merger of the underlying criminal convictions from which the collateral civil consequences flow. Although this is a question of first impression for this Court, the lower courts of this Commonwealth have merged such suspensions at least since the Commonwealth Court decided Zimmerman v. Commonwealth, 759 A.2d 953 (Pa.Cmwlth.Ct.2000) (en banc), alloc, denied, 567 Pa. 753, 788 A.2d 382 (2001). We find that this is the result intended by the subject statute, 75 Pa.C.S. § 1532. Thus we affirm the Commonwealth Court’s decision.

Matthew Steven Drabic (Drabic) was involved in a motor vehicle accident on November 27, 2003. A passenger in his vehicle died as a result of the accident. Drabic pled guilty to fourteen offenses.1 Subsequently, the Director of the Pennsylvania Department of Transportation’s Bureau of Driver Licensing (PennDOT) issued the following series of suspensions, pursuant to 75 Pa.C.S.A. § 1532 (Suspension of operating privilege),2 sending an individual notice to Drabic for each:

[673]*673Length of Operator's Criminal Offense Privilege Suspension

75 Pa.C.S. 5 3735 (homicide by vehicle while driving under the influence) _ 3 years_

75 Pa.C.S. § 3735.1 (aggravated assault by vehicle while driving under the influence) 1 year

75 Pa.C.S. § 3732 (homicide by vehicle) 3 years

75 Pa.C.S. § 3742.1 (Accidents involving death or personal injury while not properly licensed) 1 year

75 Pa.C.S. § 3731 (Driving under the influence of alcohol or controlled substance) 1 year

75 Pa.C.S. § 6308 (offenses related to alcohol) 2 years

75 Pa.C.S. § 1543(b) (driving while operating privilege suspended) 1 year

75 Pa.C.S. § 3361 (driving vehicle at safe speed) 10 days

75 Pa.C.S. § 3736 (reckless driving) 6 months

75 Pa.C.S. § 3362 (Maximum speed limits) 20 days

12 years, 6 months Total: and 30 days

On August 11, 2004, Drabic filed an appeal with the Court of Common Pleas of Bucks County for all of the suspensions except those imposed for the driving with a suspended license [674]*674(§ 1543(b)) and offenses related to alcohol (§ 6308) violations. A de novo hearing was conducted on February 9, 2005 by the trial court, during which Drabic conceded that the suspension for § 3735, homicide by vehicle while driving under the influence (homicide by vehicle-DUI), was proper. Drabic argued that all the other suspensions of his driver’s license should have merged into that greater offense.

The trial court agreed in part and merged driving under the influence (§ 3731) (DUI) and aggravated assault by vehicle while driving under the influence (§ 3735.1) (AA-DUI) into homicide by vehicle while driving under the influence (§ 3735). The Court of Common Pleas merged the reckless driving (§ 3736) violation into the homicide by vehicle (§ 3732) violation. All remaining statutory appeals were denied. Based upon this, the trial court reduced Drabic’s total driver’s license suspension by two years and six months.

PennDOT appealed these rulings to the Commonwealth Court. In a memorandum opinion, a panel of the Commonwealth Court affirmed in part and reversed in part.3 Commonwealth, Dep’t of Transp., Bureau of Driver Licensing v. Drabic, Nos. 738-739 CD 2005, slip op. at 7, 883 A.2d 730 (Pa.Cmwlth.Ct. September 9, 2005). In its opinion, the Commonwealth Court first declined PennDOT’s express invitation to overrule Zimmerman. In Zimmerman, the Commonwealth Court faced an analytically identical question. “The issue before the court is whether [criminal convictions] merge for purposes of operating privilege suspension[s]”. Zimmerman, 759 A.2d at 957.

Judge Pellegrini, writing for the panel in the instant case, stated that Zimmerman “remains binding, precedential law.” Id. at 5. Noting that this Court denied Allocatur in Zimmer[675]*675man, Judge Pellegrini explained that the Commonwealth Court had “no inclination” to overrule its own precedent.4 Id. Before this Court is PennDOT’s challenge to the merger of Drabic’s operator’s privilege suspension imposed for his conviction of aggravated assault while driving under the influence (75 Pa.C.S. § 3735.1) and the suspension imposed for his conviction of homicide by vehicle while driving under the influence (75 Pa.C.S. § 3735).

The parties do not dispute the facts in the case sub judice, rather, the question presented is a pure question of law. Our standard of review is de novo. Seven Springs Farm, Inc. v. Croker, 569 Pa. 202, 208 n. 1, 801 A.2d 1212, 1216 n. 1 (2002). Questions of law are accorded a plenary scope of review. McNeil v. Jordan, 586 Pa. 413, 894 A.2d 1260, 1268 (2006).

In the first instance, the parties disagree as to whether the doctrine of merger even applies in the instant context, i.e., when collateral civil consequences are imposed. We need not directly address this question, since we believe the plain language of the statute directs that only a single suspension can be imposed based upon a single criminal episode. Regardless of whether the Commonwealth is correct, and the doctrine of merger is not properly applied to collateral civil consequences, or whether Appellee properly directs our attention to the statutory construction act and Commonwealth v. Anderson, 538 Pa. 574, 650 A.2d 20 (1994) (holding that the doctrine of merger is a rule of statutory construction), the [676]*676inquiry in either event must be based on the language of the statute at issue.

The key language in the subsections at issue is “the driver’s conviction ... any of the following offenses.” 75 Pa.C.S. § 1532. Recently, in Freundt v. Commonwealth, 584 Pa. 283, 883 A.2d 503 (2005), we construed § 1532(c) explaining that where the legislature used the separate terms “conviction” and “offense” it must have intended for the words to have different meanings. Thus, while the merger of the suspensions of operating privileges under 75 Pa.C.S. §§ 1532(a) and 1532(a.l) is an issue of first impression for this Court, in Freundt we explained that, in the context of § 1532(e), “when there is a conviction, the appropriate [license] suspension shall be determined by whether or not the conviction stemmed from a single criminal episode, or multiple criminal episodes.” Freundt at 290, 883 A.2d at 507 (citations omitted).

Ms. Freundt (Freundt) pled guilty to sixteen counts of acquiring or obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge (35 P.S. § 780-113(a)(12)).

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Drabic v. COM., DEPT. OF TRANSP.
906 A.2d 1153 (Supreme Court of Pennsylvania, 2006)

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Bluebook (online)
906 A.2d 1153, 588 Pa. 670, 2006 Pa. LEXIS 1834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drabic-v-com-dept-of-transp-pa-2006.