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Tripson v. Commonwealth of Pennsylvania, Dept. of Transportation, Bureau of Driver Licensing

Suspension of license based on West Virginia conviction of DUI reversed because trial court erred in admitting into evidence the abstract of judgment and the criminal history of the West Virginia violation where the Pennsylvania Department of Transportation did not demonstrate that the documents were received from the licensing authority of West Virginia.

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SUBMITTED: September 29, 2000

OPINION

Frank Tripson (Tripson) appeals from the March 23, 2000 order of the Court of Common Pleas of Allegheny County that dismissed his appeal of a one-year suspension of his driving privileges by the Department of Transportation, Bureau of Driver Licensing (Department) pursuant to Article IV(a)(2) of the Driver’s License Compact (Compact), Section 1581 of the Vehicle Code, 75 Pa. C.S. �1581. Tripson contends that the trial court erred in admitting into evidence a West Virginia criminal case history and abstract of judgment in violation of Article III of the Compact, that the record lacked substantial evidence to support the trial court’s finding that Tripson had been convicted in West Virginia of a “substantially” similar offense pursuant to Article IV(a)(2), and that Section 1584 of the Vehicle Code, 75 Pa. C.S. �1584, does not permit the Department to deviate from the requirements of Articles III and IV of the Compact.

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