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Venafro v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

Driver's license suspension affirmed; Compact-based suspension by Pennsylvania DOT, after New Jersey suspension, did not violate double jeopardy protections because suspension is a collateral civil consequence of a criminal conviction and does not constitute punishment within meaning of double jeopardy clause.

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Submitted: February 8, 2002

John A. Venafro (Licensee) appeals from the August 17, 2001 order of the Court of Commons Pleas of Philadelphia County (trial court) that denied his statutory appeal from the Department of Transportation’s (PennDOT) one-year suspension of his operating privilege imposed pursuant to Section 1532 of the Vehicle Code, 75 Pa. C.S. �1532(b)(3) and Article IV (a)(2) of the Driver’s License Compact (Compact), 75 Pa. C.S. �1581. On appeal, Licensee contends that the license suspension by PennDOT violated the double jeopardy clauses of the United States and Pennsylvania Constitutions. We affirm, and we conclude that the appeal is frivolous and remand for a determination of counsel’s fees and costs to be awarded.

On August 26, 2000, Licensee was convicted of driving while intoxicated (DWI) in violation of N.J.S. �39:4-50(a). Pursuant to Article III of the Compact, New Jersey reported Licensee’s conviction to PennDOT. By letter dated October 19, 2001, PennDOT notified Licensee of the one-year suspension of his operating privilege as a result of his New Jersey DWI conviction for an offense equivalent to a violation of Section 3731(a) of the Vehicle Code. A timely appeal followed.

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