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Breen v. Commonwealth

Suspension of driver's license, based on a New Jersey conviction for DUI, affirmed because the provisions of N.J.'s DUI statute are substantially similar to the provisions of the Driver's License Compact and because entry of a guilty plea with civil reservation did not bar the Pennsylvania court from relying on the conviction to suspend defendant's Pennsylvania license.

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SUBMITTED: December 1, 2000

Hugh J. Breen, Jr. (Licensee) appeals from the order of the Court of Common Pleas of Montgomery County (trial court) dismissing his appeal from a one-year suspension of his operating privilege imposed by the Pennsylvania Department of Transportation (Department) pursuant to the Driver’s License Compact (Compact). *fn1 We affirm.

On November 30, 1997, Licensee was charged with violating N.J.Stat. �39:4-50(a), New Jersey’s driving under the influence (DUI) statute, and he pled guilty to that offense on January 15, 1998. By notice dated February 10, 1998, the Department notified Licensee that his license would be suspended for one year as a result of his conviction in New Jersey, which the Department determined to be for an offense equivalent to a violation of Section 3731 of the Vehicle Code, 75 Pa. C.S. �3731.

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