PennDOT v. Krall

26 Pa. D. & C.4th 1, 1995 Pa. Dist. & Cnty. Dec. LEXIS 119
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedOctober 26, 1995
Docketno. 95-2473-18-6
StatusPublished

This text of 26 Pa. D. & C.4th 1 (PennDOT v. Krall) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PennDOT v. Krall, 26 Pa. D. & C.4th 1, 1995 Pa. Dist. & Cnty. Dec. LEXIS 119 (Pa. Super. Ct. 1995).

Opinion

RUFE, J., J.,

[2]*2On June 27, 1994, Dennis Krall was arrested for driving under the influence of alcohol, DUI. On February 13, 1995, he pleaded guilty to violating section 3731 of the Vehicle Code and was sentenced to 48 hours incarceration, a fine and costs. Subsequently, on March 23, 1995, defendant received a notice of suspension from the Pennsylvania Department of Transportation informing him that pursuant to section 1532(b) of the Motor Vehicle Code, his license was suspended for one year. Pa.C.S. § 1532(b).

Defendant timely appealed from the suspension of his operating privileges. A hearing on this issue was held before the undersigned on July 5,1995. Defendant maintained that the suspension of his license was prohibited by the double jeopardy clauses of the Fifth Amendment to the Constitution of the United States, and/or Article 1, Section 10 of the Constitution of the Commonwealth of Pennsylvania. The matter was taken under advisement and, after a review of relevant case law and the briefs supplied by counsel, we denied defendant’s appeal. It is from this decision that defendant now appeals.

The protection embodied in the double jeopardy clause of the Fifth Amendment1 is that “it affords against successive prosecutions — that is, against efforts to impose punishment for the same offense in two or more separate proceedings.” U.S. v. $405,089.23 U.S. Cur[3]*3rency, 33 F.3d 1210, 1215 (1994). Herein, defendant contends that the suspension of his operating privileges clearly violates this protection since it was imposed in a civil proceeding, separate and distinct from the criminal proceeding, and that it constitutes an additional “sanction” for the same offense for which he had already been punished. Our review of the pertinent case law indicates that defendant’s argument is inexact.

Traditionally, a designation that a certain sanction was a “civil sanction” predisposed it to be remedial and not punative in nature. Accordingly, the double jeopardy clause would not apply. Id. at 1218. See also, United States v. Ward, 448 U.S. 242 (1980). However, the court in United States v. Halper, 490 U.S. 435 (1989) determined that labels such as “criminal” or “civil” are not the most critical factor in determining whether a particular sanction is a punishment for double j eopardy purposes, stating:

“The notion of punishment, as we understand it, cuts across the division between the civil and the criminal law, and for the purposes of assessing whether a given sanction constitutes multiple punishment barred by the double j eopardy clause, we must follow the notion where it leads. Id. at 447-48, 109 S.Ct. at 1901.” $405,089.23 U.S. Currency, 33 F.3d at 1218.

Consequently, a sanction which is considered remedial will still be considered a “punishment” for double jeopardy clause purposes if any part of its application is designed to punish or deter. Id. at 1219; see also, Austin v. United States, 113 S.Ct. 2801 (1993). Based upon the rationale proffered in these cases, defendant believes that the suspension of his operating privileges [4]*4is punitive and not solely remedial in nature, and therefore constitutes a second punishment for his driving under the influence conviction. We disagree.

First, defendant points to the use of the word “sanction” in the March 23, 1995 notice of suspension he received from the Department of Transportation as manifesting the punitive nature of the suspension. The notice specifically states, “In order to comply with this sanction you are required to return any current driver’s license. . . .” (Notice of suspension, March 23, 1995, exhibit “1”.) Such an argument flies in the face of the rationale previously relied upon by the defendant. Just as the Supreme Court determined that the use of the label “civil” or “criminal” to describe a penalty does not automatically render it remedial or punitive respectively, nor does the use of the word “sanction” by the Department of Transportation automatically qualify the suspension as a punishment. The impetus for adopting a new test for determining whether a civil sanction constituted “punishment” was the notion that simple adjectives do not properly convey the scope of the provision involved. Id. A sanction can be punitive or it can be remedial. Consequently, this court did not accept that by simply using the word sanction in its notice of suspension the department conceded that the operating suspension was punitive.

To the contrary, the law has traditionally held the purpose of suspending operating privileges to be strictly remedial. As stated by the Pennsylvania Commonwealth Court in Zanotto v. PennDOT, 83 Pa. Commw. 69, 71,475 A.2d 1375, 1376 (1984), and in numerous other cases, “[d]river suspension and revocation proceedings are remedial sanctions, which are civil in nature, de[5]*5signed to protect the public from unsafe drivers; as such, they cannot be grounds for a double jeopardy challenge.” See also, Callan v. Bureau of Traffic Safety, 19 Pa. Commw. 635, 637-38, 339 A.2d 163, 164-65 (1975); Commonwealth v. Abraham, 7 Pa. Commw. 535, 536-37, 300 A.2d 831, 832 (1973); In re: Friedman Appeal, 72 Pa. Commw. 274, 281 n.10, 457 A.2d 983, 987 n. 10 (1983). The public is entitled to have protection from drivers who have demonstrated unsafe driving behavior. See Forte v. PennDOT, 94 Pa. Commw. 194, 503 A.2d 107 (1986). Therefore, there exists a strong presumption in the law that any statute suspending driving privileges serves solely a remedial purpose.2 Absent overwhelming evidence to the contrary, we will not override that presumption.

Additionally defendant suggests that the legislature did not intend a license suspension to be remedial because it did not include suspensions within the remedial provision of section 1538 requiring driver education. However, such an argument ignores the courts’ specific interpretation of legislative intent, which determined that a license suspension is in fact a purely remedial provision. Furthermore, section 1538 of the Motor Vehicle Code does not pertain specifically to drunk driving [6]*6convictions, but rather pertains to persons accumulating significant points for various motor vehicle violations. 75 Pa.C.S. §1538.

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Related

United States v. Ward
448 U.S. 242 (Supreme Court, 1980)
United States v. Halper
490 U.S. 435 (Supreme Court, 1989)
Austin v. United States
509 U.S. 602 (Supreme Court, 1993)
Commonwealth v. Tabb
421 A.2d 183 (Supreme Court of Pennsylvania, 1980)
Commonwealth v. Abraham
300 A.2d 831 (Commonwealth Court of Pennsylvania, 1973)
Callan v. Commonwealth
339 A.2d 163 (Commonwealth Court of Pennsylvania, 1975)
In re Friedman
457 A.2d 983 (Commonwealth Court of Pennsylvania, 1983)
Zanotto v. Commonwealth, Department of Transportation
475 A.2d 1375 (Commonwealth Court of Pennsylvania, 1984)
Forte v. Commonwealth, Department of Transportation
503 A.2d 107 (Commonwealth Court of Pennsylvania, 1986)

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Bluebook (online)
26 Pa. D. & C.4th 1, 1995 Pa. Dist. & Cnty. Dec. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penndot-v-krall-pactcomplbucks-1995.