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Schwartz v. Commonwealth4/29/2005
d thereby choose whether to be subject to the "new" or "old" law...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 September 17, 2003. The law in effect at that time mandated a one-year suspension based on his conviction in New Jersey.
Department of Transportation v. Joseph D. Lepko Bucks County, No. 04-1387-30-6, filed August 19, 2004) at 5-6, as reprinted at Lepko, __ A.2d at __. In the present controversy, Licensee's conduct, i.e., driving under the influence in New Jersey, occurred on September 7, 2003, prior to the effective date of Act 24. Therefore, the law as it existed prior to Act 24 applies. That law permitted a one-year suspension in Licensee's circumstances. 75 Pa.C.S. §1532(b).
Accordingly, the trial court is affirmed.
AND NOW, this 29th day of April, 2005, the order of the Court of Common Pleas of Bucks County in the above-captioned case is hereby AFFIRMED.
BERNARD L. McGINLEY, Judge
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