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Perry v. Commonwealth

Driver's license suspension, based on a conviction under Vermont's DUI statute, affirmed because the Vermont statute was substantially similar to the Drivers' Licensing Compact, and the notice provided by the Vermont authorities in their conviction packet was adequate.

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Submitted: April 12, 2001

Christopher J. Perry (Licensee) appeals from an order of the Court of Common Pleas of the Forty-Fourth Judicial District, Wyoming County Branch (trial court), denying his statutory appeal from a one-year suspension of his operating privilege imposed by the Department of Transportation, Bureau of Driver Licensing (DOT) pursuant to Section 1532(b)(3) and Article IV(a)(2) of Section 1581 of the Vehicle Code (Code), 75 Pa. C.S. ��1532(b)(3), 1581.*fn1 We affirm.

The facts of this case are not in dispute. Licensee was arrested in Vermont on March 18, 2000, and charged with driving while under the influence of an intoxicating liquor pursuant to 23 V.S.A. �1201(a)(2) (Vermont DUI statute).*fn2 Licensee subsequently pleaded guilty and was convicted of this offense on April 3, 2000. As both Vermont and Pennsylvania are members of the Compact, authorities in Vermont reported the conviction to authorities in Pennsylvania, as required by Article III of the Compact. *fn3 Pursuant to Article IV(a)(2) of the Compact, DOT treated the out-of-state conviction as if Licensee had been convicted under Section 3731 of the Code, 75 Pa. C.S. �3731, Pennsylvania’s statute prohibiting driving under the influence. DOT proceeded to issue Licensee a notice dated May 19, 2000, advising him that his operating privilege within the Commonwealth was being suspended for a period of one year as a result of his Vermont conviction. The effective date of this suspension was June 23, 2000.

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