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Schofield v. Commonwealth10/18/2005
prior to February 1, 2004, will lead to a one-year suspension pursuant to the savings provision in Section 21 of Act 2003-24, regardless of whether the conviction occurs prior or subsequent to February 1, 2004. See, e.g., Barnas v. Department of Transportation, Bureau of Driver Licensing, 874 A.2d 169 (Pa. Cmwlth. 2005); Tirado v. Department of Transportation, Bureau of Driver Licensing, 876 A.2d 1082 (Pa. Cmwlth. 2005); Woods v. Department of Transportation, Bureau of Driver Licensing, 873 A.2d 55 (Pa. Cmwlth. 2005); Lepko v. Department of Transportation, Bureau of Driver Licensing, 873 A.2d 47 (Pa. Cmwlth. 2005). Licensee believes his situation is different from those previously addressed because his offense took place after September 30, 2004. We disagree that this timing difference affects the principle of these cases, i.e., that date of offense, not conviction, governs the effective date of the Vehicle Code's elimination of the one-year suspension for first time DUI offenders.
The timing of Licensee's New Jersey DWI offense was particularly unfortunate for him. If he had been arrested two days later, his first time offense would not have triggered a suspension under the Compact because of the new law set forth in 75 Pa. C.S. §3804(e)(2)(iii). If he had been arrested eleven days earlier, before New Jersey reduced it's DWI BAC level from 0.10% to 0.08%, then he would not have been convicted in New Jersey. On the date of Licensee's offense, January 30, 2004, the Compact mandated a one-year suspension for an out-of-state DUI offense that resulted in a conviction, regardless of the level of the driver's BAC. 75 Pa. C.S. §1532(b)(3).
Accordingly, we affirm.
AND NOW, this 18th day of October, 2005, the order of the Court of Common Pleas of Montgomery County dated October 14, 2004, in the above-captioned matter is hereby affirmed.
MARY HANNAH LEAVITT, Judge
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