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Dorsey v. Commonwealth3/11/2004
The Department of Transportation, Bureau of Driver Licensing (PennDOT) petitions for review of the decision of the Court of Common Pleas of Allegheny County (trial court) that sustained the appeal of David Dorsey (Licensee) from a one-year suspension of his operating privilege. PennDOT imposed the suspension pursuant to the Drivers License Compact of 1961 (Compact), 75 Pa. C.S. §§1532(b)(3) and 1581, following Licensee's conviction in West Virginia for driving under the influence (DUI). We affirm, in part, and vacate and remand in part.
In July 2002, Licensee pled nolo contendere to DUI in West Virginia.
Pursuant to Article III of the Compact, West Virginia reported Licensee's conviction to PennDOT. Because the Compact requires PennDOT to treat Licensee's out-of-state DUI conviction as though it had occurred in Pennsylvania, the Department notified Licensee his operating privilege was being suspended for one-year.
Licensee filed a statutory appeal with the trial court. At the hearing, PennDOT moved to admit Licensee's West Virginia conviction report evidencing the West Virginia DUI conviction. PennDOT also presented the envelope in which the report was received. The return address on the envelope indicated the conviction report was mailed from the "Division of Motor Vehicles" in Charleston, West Virginia.
Citing Tripson v. Dep't of Trans., Bureau of Driver Licensing, 773 A.2d 195 (Pa. Cmwlth. 2001), petition for allowance of appeal denied, 568 Pa. 690, 796 A.2d 320 (2002), Licensee objected, arguing the conviction report was inadmissible because it contained no indication on its face that it was from the West Virginia licensing authority. PennDOT acknowledged our decision in Tripson but requested the documents be placed in the record to facilitate appellate review. The trial court sustained Licensee's appeal without reference to the envelope.
PennDOT appeals, presenting two arguments. First, PennDOT argues Tripson and its progeny were wrongly decided and should be overruled.
Second, PennDOT asserts the report and envelope contain sufficient indicia to establish they originated from the West Virginia licensing authority satisfying the requirements articulated in Tripson.
In Tripson, the PennDOT attempted to offer into evidence a West
Virginia abstract of judgment and criminal case history of a conviction. The abstract indicated that it came from a district magistrate's office and not the state's licensing authority. This Court stated that:
reports of convictions submitted to the Department pursuant to the Compact must be received from the proper licensing authority of the reporting state. The Department may not certify that the document are reports of convictions from other jurisdictions' licensing authorities if the documents themselves contain no such certification from the reporting jurisdiction.
Tripson, 773 A.2d at 197. PennDOT argues Tripson and its progeny were wrongly decided and should be overruled. However, Tripson remains controlling, and we decline to revisit its reasoning.
In the alternative, PennDOT argues the report and envelope contain sufficient indicia to establish they originated from the West Virginia licensing authority.
In cases involving reciprocal license suspensions, such as this one, the Bureau has the burden of proving that the conviction report was sent by the reporting state's licensing authority. Gallant v. Dep't of Transp., Bureau of Driver Licensing, 805 A.2d 1 (Pa. Cmwlth. 2002); Tripson. Where the transmitting state's licensing authority is not identified on the face of the offered d
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