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Siekierde v. Commonwealth, Dept. of Pennsylvania, Bureau of Driver Licensing

Where licensee was convicted of DWI in Indiana, dismissal of driver's license suspension affirmed because DOT failed to meet its burden of producing a conviction report from Indiana's licensing authority.

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Submitted: March 8, 2002

OPINION

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (DOT) appeals from the order of November 21, 2001 of the Court of Common Pleas of Chester County that upheld Appellee John Siekierda’s statutory appeal and dismissed the one-year suspension of his driving privileges pursuant to Article IV(a)(2) of the Driver’s License Compact (Compact), Section 1581 of the Vehicle Code, 75 Pa. C.S. �1581. *fn1 DOT contends that the trial court erred in sustaining Siekierda’s appeal on the ground that DOT failed to produce a record of conviction for driving under the influence from the out-of-state licensing authority pursuant to Article III of the Compact. The issue DOT raises is whether the Court should overrule its prior decisions requiring that DOT produce a conviction report from the licensing authority of a party state to meet its burden of proof in Compact license suspension cases.

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