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Barnas v. Commonwealth5/13/2005
The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (DOT) appeals from the August 3, 2004, order of the Court of Common Pleas of Monroe County (trial court), which reversed the license suspension imposed by DOT upon Christopher G. Barnas (Licensee). We reverse.
Licensee is domiciled in Monroe County and is a licensed driver in the Commonwealth of Pennsylvania. (Trial ct.'s Findings of Fact, No. 1.) On September 23, 2003, Licensee was charged in the state of New York with operating a motor vehicle while under the influence of alcohol (DUI). (Trial ct.'s Findings of Fact, No. 2.) On February 13, 2004, Licensee was convicted of the offense in the state of New York. (Trial ct.'s Findings of Fact, No. 3.) On March 29, 2004, pursuant to the Driver's License Compact (Compact), the Department of Motor Vehicles for the state of New York transmitted an electronic communication to DOT, notifying DOT of Licensee's conviction. (Trial ct.'s Findings of Fact, No. 4.) Licensee had no prior convictions for DUI in Pennsylvania or any other state. (Trial ct.'s Findings of Fact, No. 5.)
On May 14, 2004, DOT sent official notice to Licensee of the suspension of his driving privileges, stating:
This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B the Pennsylvania Vehicle Code. As a result of your 02/13/2004 conviction in NEW YORK:
Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 6/18/2004 at 12:01 a.m.
Your driving record reflects a violation on 09/23/2003 that is similar to violating Section 3731 of the Pennsylvania Vehicle Code, DRIVING UNDER INFLUENCE.
Your conviction in NEW YORK is listed in Article IV of Section 1581 of the Pennsylvania Vehicle Code which mandates that PennDOT process specific out-of-state convictions as though they had occurred in Pennsylvania.
(Trial ct.'s Findings of Fact, No. 6) (bolding removed).
Licensee appealed the suspension to the trial court, which held a hearing on the matter. Licensee argued that the suspension was improper because section 3804(e)(2)(iii) of the Vehicle Code, which became effective on February 1, 2004, prior to his conviction on February 13, 2004, states that there shall be no suspension for a first-time violation of Pennsylvania's DUI law. DOT argued that section 3804(e)(2)(iii) of the Vehicle Code does not apply because it became effective after Licensee committed the DUI offense on September 23, 2003. Therefore, the question, as framed by the trial court, was whether the offense date or the conviction date controls DOT's imposition of a suspension under the provisions of the Compact, 75 Pa. C.S. §1581. Relying on Schrankel v. Department of Transportation, 562 Pa. 337, 755 A.2d 690 (2000), the trial court concluded that the conviction date was controlling. Thus, the trial court held that DOT erred in suspending Licensee's driver's license. (Trial ct's op. at 4.)
DOT appealed to this court, which affirmed the trial court in an opinion and order dated February 1, 2005. DOT then filed an application for reconsideration. By order dated March 10, 2005, this court granted the application for reconsideration and withdrew its February 1, 2005, opinion and order. The matter was argued before an en banc panel of this court on April 6, 2005.
DOT argues that the trial court erred in concluding that the conviction date controls whether DOT should impose a suspension under the Driver's License Compact. We agree.
Article IV of the Compact provides, in pertinent part, as follows:
(a) The licensing authority in the h
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