Lueth v. Commonwealth, Department of Transportation

785 A.2d 133, 2001 Pa. Commw. LEXIS 761
CourtCommonwealth Court of Pennsylvania
DecidedOctober 17, 2001
StatusPublished
Cited by5 cases

This text of 785 A.2d 133 (Lueth v. Commonwealth, Department of Transportation) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lueth v. Commonwealth, Department of Transportation, 785 A.2d 133, 2001 Pa. Commw. LEXIS 761 (Pa. Ct. App. 2001).

Opinions

DOYLE, President Judge.1

Michael Brian Lueth (Appellant) appeals a Lehigh County Court of Common Pleas order that dismissed his statutory appeal from the one-year suspension of his motor vehicle operating privilege imposed by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), pursuant to Section 1532(b)(3) of the Vehicle Code, 75 Pa.C.S. § 1532(b)(3).2 Because our decision in Laughlin v. Department of Transportation, Bureau of Driver Licensing, 719 A.2d 850 (Pa.Cmwlth.1998), petition for allowance of appeal denied, 559 Pa. 670, 739 A.2d 168 (1999), is controlling in this matter, we reverse.

Appellant was arrested on March 20, 1997, and charged with driving while intoxicated (DWI) in violation of Md.Code, Transp. § 21-902(a).3 Following a trial in the District Court of Maryland for Carroll County, Appellant was convicted on June 18, 1997, of that offense. Thereafter, Appellant filed an application with the Maryland Court to be admitted into Maryland’s “probation prior to judgement” program under the provisions of Md.Code, Crimes and Punishments, Article 27, § 641(a)(l)(i)(l). That section of Maryland law permits the court to place a person who “pleads guilty or nolo contendere or is found guilty of an offense” on probation, and to “stay the entering of judgment.” Id. If the individual successfully completes the probation period, the court discharges the person from probation. Md.Code, Crimes and Punishments, Article 27, § 641(c). The statute further provides that discharge of the individual, upon successful completion of the probation period, is “without judgment of conviction and is not a conviction for purposes of any disqualification or disability imposed by law because of conviction of crime.” Id. The defendant in a matter of this type must consent to the entry of the stay and, by so doing, “waives the right to appeal from the judgment of guilt by the court at any time.” Md.Code, Crimes and Punishments, Article 27, § 641(a)(l)(iv)(5). Finally, the statute provides that if the term of probation is violated, “the court may enter judgment and proceed with disposition of the person as if the person had not [135]*135been placed on probation.” Md.Code, Crimes and Punishments, Article 27, § 641(b). On February 3, 1998, the Maryland Court placed Appellant in the “program” and on probation for a period of twenty-four months.

Maryland is a party state to the Driver License Compact of 1961 (Compact),4 and reported a DWI conviction for Appellant to the Department. The Commonwealth, also a party state, suspended Appellant’s operating privilege for one year pursuant to Sections 1532(b)(3) and 1581 of the Vehicle Code, 75 Pa.C.S. § 1532(b)(3)5 and 75 Pa.C.S. § 1581. Thereafter, the Department notified Appellant that his license was suspended for one year pursuant to the Compact, because it was treating his Maryland DWI notification as a conviction for violating Section 3731(a) of the Code, 75 Pa.C.S. § 3731(a).

On August 8, 1997, Appellant filed an appeal of the Department’s one-year operating privilege suspension with the Lehigh County Court of Common Pleas. A de novo hearing was held on the matter on February 11, 1998. At the hearing, Appellant conceded that he was found guilty of the Maryland DWI charge, but asserted that because he had been admitted into the probation prior to judgment program, the disposition of his case did not constitute a conviction under the Compact. The trial court was unconvinced and on July 15, 1998, entered an order and opinion dismissing the appeal. This appeal ensued.6

Appellant contends that the trial court erred when it dismissed his appeal. Specifically, he argues that because judgment was not entered on the Maryland court’s finding that he was guilty of DWI, he should not be considered “convicted” of the Maryland DWI charge for purposes of the Compact. He asserts that the Maryland program is akin to Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program for first time DUI offenders under 75 Pa.C.S. § 3731, and that he should not be considered “convicted” because under Maryland law he has an opportunity to gain a discharge if he successfully completes his twenty-four month probationary sentence. We agree.

Section 1581 of the Vehicle Code, 75 Pa.C.S. § 1581, is the legislative enactment of the Compact into which the Commonwealth entered, with other jurisdictions, on December 10, 1996. Article III of the Compact (Reports of Conviction) states in part that “[t]he licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee.” Therefore, the Department counters, because Maryland reported the offense as a conviction, under the Compact and Pennsylvania law, it is, and must be [136]*136treated as, a conviction by the Pennsylvania licensing authority. We disagree.

In Laughlin, the licensee was charged and convicted, inter alia, of driving under the influence of alcohol. He pled guilty to this charge with the understanding that if he completed a drag and alcohol program, with no other charges or convictions, the district court would amend his sentence and grant him probation prior to judgment. Laughlin, 719 A.2d at 851. After he pled guilty, Maryland discharged its responsibilities under the Compact and forwarded notice of his conviction to the Department. The Department then notified Laughlin that it had suspended his driver’s license for one year. The trial court concluded that Maryland had provided administrative, not judicial, notice; deferred its decision; and thereby afforded Laughlin the opportunity to submit notice of his decertification of the Maryland conviction. On appeal to this Court, we affirmed and held that a Pennsylvania licensee’s plea of guilty in Maryland to a charge of driving under the influence of alcohol could not form the basis of the Depart- ' ment’s license suspension, when the law of Maryland authorizes discharge of the conviction upon successful completion of a probationary anti-drag and alcohol program. Responding directly to Md. Code, Article 27, § 641, which is specifically at issue here, we said:

Therefore, giving full faith and credit to Maryland’s law, as did the common pleas court, we hold that the Department’s suspension of Laughlin’s driver’s license was, in these circumstances, an impermissible disqualification from his motor vehicle operating privileges, since his discharge in Maryland cannot be a conviction for such purposes.

Laughlin, 719 A.2d at 852. We further note that, as in Laughlin, both licensees were convicted of driving under the influence. Both were enrolled in the probation prior to judgment program pursuant to Md.Code, Article 27, § 641. Notification was made to the Department in both instances prior to entry of judgment. Neither Appellant nor Laughlin completed his probationary period before the appeals in Pennsylvania were filed.

The Department contends that Md.

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Lueth v. Commonwealth, Department of Transportation
785 A.2d 133 (Commonwealth Court of Pennsylvania, 2001)

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Bluebook (online)
785 A.2d 133, 2001 Pa. Commw. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lueth-v-commonwealth-department-of-transportation-pacommwct-2001.