Walsh v. PennDot

47 Pa. D. & C.4th 370, 2000 Pa. Dist. & Cnty. Dec. LEXIS 178
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedAugust 1, 2000
Docketno. 99-CV-3991
StatusPublished

This text of 47 Pa. D. & C.4th 370 (Walsh v. PennDot) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walsh v. PennDot, 47 Pa. D. & C.4th 370, 2000 Pa. Dist. & Cnty. Dec. LEXIS 178 (Pa. Super. Ct. 2000).

Opinion

NEALON, J.,

Petitioner, William J. Walsh has appealed the suspension of his driving privileges by the respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, based upon his conviction in Utah for “driving under the influence.” Since the report of Walsh’s conviction that PennDOT received from Utah does not identify the particular section of the Utah DUI statute that was violated, it is legally inadequate to support a license suspension in that it cannot be determined whether the conviction was for an offense that warrants a reciprocal suspension under the Driver’s License Compact. Therefore, for the reasons set forth below, the one-year suspension of Walsh’s operator’s license will be reversed.

I. FACTUAL BACKGROUND

Walsh was reportedly arrested in Utah for driving under the influence on September 19,1998, and pled guilty [372]*372to that offense 11 days later on September 30,1998. Since Utah and Pennsylvania were both parties to the Driver’s License Compact of 1961 at that time, see U.C.A. §§53-3-601 to 604, 75 Pa.C.S. §§1581-1585, the clerk of the Third District Court, Park City, Utah, forwarded an “Out of state abstract conviction” to PennDOT indicating that Walsh pled guilty to DUI and was fined $1,300 for violating “41-6-44.” (See Commonwealth exhibit no. 1, p. 4.) In describing the violation, the Utah abstract merely states “41-6-4 driving under the influence of,” but does not identify whether Walsh was under the influence of alcohol as opposed to a controlled substance, nor does it specify the exact section of the Utah DUI statute that was violated. Moreover, the abstract report from Utah does not indicate whether Walsh’s arrest and subsequent conviction based upon the results of chemical testing, evidence of his unfitness to drive or a refusal to submit to chemical testing.

Under article IV of the compact, PennDOT may suspend or revoke a Pennsylvania motorist’s license based upon foreign state convictions for certain motor vehicle offenses that are identical or substantially similar to those offenses identified in subsection (a) of article IV of the compact. Following its receipt of the Utah abstract report, PennDOT forwarded a letter to Walsh on July 13, 1999, which stated:

“Section 1581 of the Vehicle Code requires the department to treat certain out-of-state convictions as though they had occurred in Pennsylvania. Therefore, as a result of the department receiving notification from Utah of your conviction on 09/30/1998 of an offense which occurred on 09/19/1998, which is equivalent to a violation of section 3731 of the Pennsylvania Vehicle [373]*373Code, Driving Under Influence, your driving privilege is being Suspended for a period of 1 Year(s), as mandated by section 1532B of the Vehicle Code.” (Id., p. 2.)

On August 12,1999, Walsh filed a timely appeal from his license suspension and asserted that his Utah conviction was for an offense that purportedly is not substantially similar to the violations specified in subsection (a) of article IV of the compact since Utah’s DUI statute merely requires a blood alcohol content of .08 percent whereas Pennsylvania law demands a level of .10 percent. Walsh further argues that the Utah report and PennDOT suspension notice are deficient since they do not identify the statutory basis for his conviction. (See petitioner’s appeal from suspension of driver’s license, ¶¶5-6.) A de novo hearing was conducted on July 18, 2000, at which time PennDOT entered into evidence a packet of certified documents pursuant to section 1516(b) of the Vehicle Code, 75 Pa.C.S. The exhibits introduced by PennDOT include the suspension notice letter dated July 13,1999, the abstract report that PennDOT received from Utah and a chronological record of Walsh’s past motor vehicle violations. Walsh did not offer any testimony or evidence and simply relied upon the oral argument of his counsel that the Utah report was facially defective and that PennDOT had failed to establish that the Utah conviction was a “substantially similar” offense under the compact.

II. DISCUSSION

(A) Standard of Review

It is well settled that in an appeal to the court of common pleas from a suspension of a driver’s license, the [374]*374initial burden of proof is on PennDOT to produce a record of the conviction which supports the suspension. Scotty. PennDOT, 730 A.2d 539, 543 (Pa. Commw. 1999). In an appeal involving a reciprocal suspension pursuant to the compact, PennDOT also bears the additional burden of proving that the foreign state conviction was for an offense that is substantially similar to article IV(a)(2) of the compact. Zawacki v. PennDOT, 745 A.2d 701 (Pa. Commw. 2000). Appellate review of a lower court decision in a license suspension case is limited to determining whether the factual findings of the trial court are supported by competent evidence or whether the lower court committed an error of law or an abuse of discretion. Petrovickv. PennDOT, 559 Pa. 614,617,741 A.2d 1264, 1265 (1999); Tarka v. PennDOT, no. 2940 C.D. 1999, at p. 2 n.2 (Pa. Commw. July 14, 2000).

(B) Driver’s License Compact

On December 10,1996, Pennsylvania joined 37 other states and the District of Columbia in enacting the Driver’s License Compact, see Schrankel v. PennDOT, 562 Pa. 337, 755 A.2d 690 (2000), which is a contractual agreement among member states seeking to promote compliance with each party state’s motor vehicle laws by empowering the licensing authority of a “home state” to revoke or suspend the driver’s license of a resident motorist based upon an out-of-state conviction for certain types of motor vehicle offenses. See Koterba v. PennDOT, 736 A.2d 761, 763 n.l (Pa. Commw. 1999), app. denied, 561 Pa. 703, 751 A.2d 195 (2000). Under article III of the compact, each state must report a motor vehicle offense conviction occurring within its jurisdiction to the licensing authority of the licensee’s home state, [375]*375which “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 the 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, article III. If the foreign conviction involves an offense which is expressly enumerated in subsection (a) of article IV of the compact including “driving a motor vehicle while under the influence of intoxicating liquor ... to a degree which renders the driver incapable of safely driving a motor vehicle,” the home state licensing authority must provide the same collateral effect to the foreign conviction for purposes of the suspension or revocation of the operator’s license.

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Cite This Page — Counsel Stack

Bluebook (online)
47 Pa. D. & C.4th 370, 2000 Pa. Dist. & Cnty. Dec. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-penndot-pactcompllackaw-2000.