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McDonald v. Commonwealth3/6/2002
John J. McDonald, Jr. (Licensee) appeals from an order of the Court of Common Pleas of Delaware County (trial court) which denied his appeal from the one-year suspension of his operating privileges imposed by the Department of Transportation, Bureau of Driver Licensing (Department) pursuant to Sections 1532(b)(3) and 1581 of the Vehicle Code, as amended, 75 Pa. C.S. §§1532(b)(3) and 1581. We affirm.
On February 17, 2001, Licensee was arrested in the state of New Jersey and charged with violating N.J. Stat. Ann. §39:4-50(a). He was convicted of this offense on March 29, 2001. By official notice dated May 3, 2001, the Department notified Licensee that his operating privilege would be suspended for one year due to his conviction in New Jersey for driving while under the influence.
Licensee appealed and a de novo hearing was held before the trial court. On July 31, 2001, the trial court issued an order denying Licensee's appeal. Licensee now appeals to this Court.
On appeal, Licensee first argues that the New Jersey driving under the influence statute is not substantially similar to Article IV(a)(2) of the Compact. Our Supreme Court has recently held, however, that the offense described in N.J. Stat. Ann. §39:4-50(a) is substantially similar to the conduct described in Article IV(a)(2) of the Compact. Scott v. Department of Transportation, Bureau of Driver Licensing, ___ Pa. ___, ___ A.2d ___ (Nos. 8, 9 &10 M.D. App. Dkt. 2001, filed February 20, 2002). Licensee's argument is therefore without merit.
Licensee also contends that the enactment of Section 1586 of the Vehicle Code, 75 Pa. C.S. § 1586, constitutes an unlawful unilateral change to the Compact. This Court recently considered this argument in Horvath v. Department of Transportation, Bureau of Driver Licensing, 773 A.2d 199 (Pa. Cmwlth. 2001). The Court in Horvath held that Section 1586 did not constitute an unlawful unilateral amendment to the Compact.
Accordingly, the order of the trial court is affirmed.
CHARLES P. MIRARCHI, JR., Senior Judge
ORDER
AND NOW, this 6th day of March, 2002, the order of the Court of Common Pleas of Delaware County in the above-captioned matter is hereby affirmed.
CHARLES P. MIRARCHI, JR., Senior Judge
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