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Kampmeier v. Commonwealth6/21/2005
nduct in Lepko's case was driving under the influence in New Jersey [prior to the effective date of Act 24] ...
sing the date of conviction as the relevant date to determine which law applies might result in disparate results for two individuals arrested on the same day for the same offense. Parties and counsel can easily manipulate conviction dates and thereby choose whether to be subject to the "new" or "old" law. Thus, an individual would not know, at the time of arrest, whether license suspension is a possible consequence for him or her because the date of conviction could be manipulated to change the possible punishments. Because using the date of the DUI offense as the applicable date is the only means of ensuring consistent application of license suspensions to out-of-state DUI convictions, and because the statutory language in Pennsylvania supports using the date of conduct as the applicable date, Lepko is subject to Pennsylvania DUI law as it stood on [the date of his conduct and arrest].
Woods, 873 A.2d at 56-57 (citing to Lepko; underlined emphasis in original, bold emphasis added); accord Barnas v. Department of Transportation, Bureau of Driver Licensing, ___ A.2d ___ (Pa. Cmwlth., No. 1806 C.D. 2004, filed May 13, 2005) (where Pennsylvania driver was cited under New York statute for DUI prior to effective date of Act 24, but was convicted after that effective date, the date of conduct and concomitant citation, and not the date of conviction, is controlling under Compact, and one-year suspension pursuant to former 75 Pa.C.S. §1532(b) was proper).
Lepko and Woods are dispositive on the issue of whether the date of conduct, or the date of conviction, applies for purposes of a suspension under the Compact; the date of the conduct at issue controls. As such, Licensee's argument on this point in the matter sub judice must fail.
Accordingly, we affirm.
ORDER
AND NOW, this 21st day of June, 2005, the order of the Court of Common Pleas of Montgomery County, dated December 7, 2004, at No. 04-15362, is affirmed.
JAMES R. KELLEY, Senior Judge
Page 1 2 3 Pennsylvania DUI Attorneys
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