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Barnas v. Commonwealth5/13/2005
alcohol level to have their licenses suspended for a first offense.
In this case, Licensee was charged on September 23, 2003, and ultimately convicted with violating New York's traffic laws for driving while impaired by alcohol of less than .10%. Because Licensee was a first-time offender, in Pennsylvania, under both 75 Pa. C.S. §3731, which does not impose any penalty, and Section 3804(a)(1), the administrative penalties applicable to this type of violation are only fines and probation, not suspension. Because 21(5)(ii) states that the reduced penalty provisions apply to all offenses that occurred before February 1, 2003, I disagree with the majority that PennDot properly suspended Licensee's operating privileges under the Compact when for the substantially similar offense - the identical offense in Pennsylvania, no suspension, then and now or ever, would be imposed.
DAN PELLEGRINI, JUDGE
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