PennDOT v. Youschak

13 Pa. D. & C.5th 367
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedMay 17, 2010
Docketno. 70099 of 2009, M.D.
StatusPublished

This text of 13 Pa. D. & C.5th 367 (PennDOT v. Youschak) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PennDOT v. Youschak, 13 Pa. D. & C.5th 367 (Pa. Super. Ct. 2010).

Opinion

PICCIONE, J,

Before this court for disposition is the defendant’s appeal from the order of the secretary of transportation suspending defendant’s operator’s license. On September 25,2001, Brian Charles Youschak was admitted into the accelerated rehabilitative disposition (ARD) program as a result of a January 14, 2001 incident where defendant was cited for driving under the influence of alcohol. In accordance with former Pennsylvania statute 75 Pa.C.S. §3731(e)(6)(h), defendant’s driving privilege was suspended for a 30-day period. On June 29,2008, Defendant was again cited for driving under the influence of alcohol and was convicted of that offense in the Municipal Court of Portage [369]*369County in Ravena, Ohio on May 27, 2009. The Ohio Department of Public Safety’s Bureau of Motor Vehicles subsequently reported defendant’s conviction to the PennDOT.

On August 7, 2009, PennDOT mailed defendant an official notice of the suspension of his driving privilege for a period of one year. The notice indicated that defendant’s license was suspended because of “a violation on 6/29/08 of A08 of the AAMVA code dictionary, DUI w/ BAC = or > .08 that is similar to violating section 3802A2 of the Pennsylvania Vehicle Code.” PennDOT’s exhibit 1. On September 1, 2009, defendant filed a petition for appeal, arguing that PennDOT’s suspension of his operator’s license was unlawful. Defendant was granted a hearing de novo to determine whether defendant is subject to suspension of his operator’s license. The hearing was held on March 31, 2010 before this court. During the hearing, defendant objected to the admission of the official notice of the suspension, the report of out-of-state convictions, and defendant’s certified driving history. Therefore, the court must address defendant’s objections before determining whether PennDOT’s suspension of defendant’s license was proper.

Initially, defendant argues that there is no reference to the American Association of Motor Vehicle Administrators’ (AAMVA) code dictionary or section A0 8 in any Pennsylvania legislation. As a result, defendant objects to the admission of any documentation citing those provisions, including the official notice of the suspension, the report of out-of-state convictions, and defendant’s certified driving history. Defendant also argues that the [370]*370references to AO 8 of the AAMVA code dictionary provide insufficient notice of the offense that defendant violated.

PennDOT’s reference to the AAMVA code dictionary and section A08 was not improper. The Commonwealth Court of Pennsylvania has stated:

“The AAMVA code dictionary is used by many states to determine the comparability of out-of-state offenses with in-state offenses, and its primary function is to enable the commercial drivers’ license information system (CDLIS) to exchange convictions and withdrawals. It is an interpretative tool for states involved in the Driver License Compact of 1961, 75 Pa.C.S. §1581, to ‘translate’ the nature of a conviction reported by a sister state. Because its origin and purpose make it the type of document of which judicial notice can be taken as it is ‘capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned,’ it was properly admitted.” Hyer v. PennDOT, 957 A.2d 807, 810 (Pa. Commw. 2008). In several other cases, references to the AAMVA code dictionary did not render notices of suspension and reports of out-of-state convictions inadmissible. Shewack v. PennDOT, 2010 WL 1463027 (Pa. Commw. 2010); Taddei v. PennDOT, 982 A.2d 1249, 1252 (Pa. Commw. 2009).

Further, defendant was provided with sufficient notice of the offense resulting it his suspension. In addition to listing a violation of section A08, the certified driving history and official notice of the suspension referenced section 3802(a)(2) of the Pennsylvania Vehicle Code, and the report of out-of-state convictions references [371]*371“Ovi-Alcohol &/ or Drug,” a violation of section 4511.19 of the Ohio Revised Code PennDOT’s exhibits 1,2, and 6. Therefore, PennDOT’s use of the AAMVA code dictionary did not render its exhibits inadmissible or defendant’s suspension improper.

Defendant’s other objections concern only the report of out-of-state convictions. Defendant argues that the report sent by Ohio, a signatory of the driver’s license compact of 1961, failed to comply with article III of the compact article III states:

“The 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. Such report shall clearly identify the person convicted, describe the violation specifying the section of the statute, code or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security and shall include any special findings made in connection therewith. 75 Pa.C.S. §1581.

Defendant argues that the report was sent by the Ohio Department of Public Safety rather than the bureau of motor vehicles, the licensing authority of Ohio. Defendant also argues that the report fails to specify the section of the statute violated.

An inspection of the report of out-of-state convictions reveals that it was sent to PennDOT by the Ohio Department of Public Safety Bureau of Motor Vehicles and that it contains a description of the Ohio statute that was [372]*372violated. Because the report describes defendant’s violation and was sent by the licensing authority of Ohio, the report complies with article III of the compact. Even if the alleged defects caused the report to run afoul of article III, the report would still be admissible. The compact is to be liberally construed so as to effectuate its purposes. Siekierda v. PennDOT, 580 Pa. 259, 269, 860 A.2d 76, 82 (2004). A perceived defect in the origin of a conviction report is immaterial to Pennsylvania’s power to issue a driver’s license suspension. Id. at 77. “The omission from any report received by the department from a party state of any information required by article III of the compact shall not excuse or prevent the department from complying with its duties under articles IV and V of the compact.” 75 Pa.C.S. §1584. Because the court finds defendant’s objections to be without merit, the official notice of the suspension the report of out-of-state convictions, and defendant’s certified driving history as well as PennDOT’s other exhibits are admissible and shall be considered in determining whether defendant’s operating privilege was properly suspended.

In a license suspension case, “PennDOT bears the initial burden to establish a prima facie case that a record of conviction supports a suspension.” Glidden v. PennDOT, 962 A.2d 9, 12 (PaCommw. 2008). PennDOT must also demonstrate that it acted in accordance with applicable law. Id. 75 Pa.C.S. §3804 states:

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Related

Wroblewski v. Commonwealth
809 A.2d 247 (Supreme Court of Pennsylvania, 2002)
Shewack v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
993 A.2d 916 (Commonwealth Court of Pennsylvania, 2010)
Roselle v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
865 A.2d 308 (Commonwealth Court of Pennsylvania, 2005)
Taddei v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
982 A.2d 1249 (Commonwealth Court of Pennsylvania, 2009)
Hyer v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
957 A.2d 807 (Commonwealth Court of Pennsylvania, 2008)
Siekierda v. Com., Dept. of Transp.
860 A.2d 76 (Supreme Court of Pennsylvania, 2004)

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Bluebook (online)
13 Pa. D. & C.5th 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penndot-v-youschak-pactcompllawren-2010.