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Lepko v. Commonwealth1/25/2005
Joseph D. Lepko (Licensee) appeals from the June 22, 2004, order of the Court of Common Pleas of Bucks County (trial court) denying Licensee's appeal from the one year suspension of his operating privileges imposed by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (DOT) pursuant to sections 3731 and 1532(b)(3) of the Vehicle Code, 75 Pa. C.S. §§3731 and 1532(b)(3), and the Driver's License Compact (Compact), 75 Pa. C.S. §1581.
On September 17, 2003, Licensee was arrested in New Jersey for driving while intoxicated (DWI), and he was convicted there on December 4, 2003; Licensee had no prior arrests for DWI in any state. On February 3, 2004, DOT notified Licensee that his driving privileges were suspended for one year as a result of the out-of-state conviction. Licensee appealed the suspension to the trial court, which, following a hearing on the matter, issued an order denying Licensee's appeal and reinstating the previously imposed license suspension. Licensee now appeals to this court.
Licensee raises two issues on appeal: (1) whether the trial court erred in reinstating the suspension of Licensee's operating privileges based upon sections 1532(b)(3) and 3731 of the Vehicle Code when those sections have been amended and repealed, respectively, by the Act of September 30, 2003, P.L. 120, commonly referred to as Act 24; and (2) whether the trial court erred by failing to apply the provisions of Pennsylvania's "new" driving under the influence (DUI) statute, contained in section 16 of Act 24, to determine whether Licensee's operating privileges should be suspended. The relevant provisions of Act 24 became effective on February 1, 2004, and Licensee contends that, as of that date, DOT no longer had authority to suspend a driver's license on the basis of a first- time DWI offense that occurred in another state prior to Act 24's effective date.
In its opinion, the trial court thoroughly and correctly analyzed these issues. Accordingly, finding neither an error of law nor an abuse of discretion, we affirm the trial court's order and adopt the well-reasoned opinion of Judge Albert J. Cepparulo, entered in Commonwealth of Pennsylvania, Department of Transportation v. Joseph D. Lepko (No. 04-1387-30-6, filed August 19, 2004).
AND NOW, this 25th day of January, 2005, the order of the Court of Common Pleas of Bucks County, dated June 22, 2004, is hereby affirmed on the basis of the opinion issued by Judge Albert J. Cepparulo in Commonwealth of Pennsylvania, Department of Transportation v. Joseph D. Lepko (No. 04-1387-30- 6, filed August 19, 2004).
Appellant's Motion For Argument Court, filed December 10, 2004, is hereby denied as moot.
ROCHELLE S. FRIEDMAN, Judge
Page 1 Pennsylvania DUI Attorneys
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