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Mazurek v. Commonwealth

Trial court's order reversed and license suspension based on Ohio conviction of DUI reinstated because Ohio's DUI statute is substantially similar to Pennsylvania's DUI statute

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Submitted: February 23, 2001

This matter is on remand from the Supreme Court of Pennsylvania for consideration in light of the Court’s ruling in Commonwealth v. McCafferty, ____ Pa. ____, 758 A.2d 1155 (2000). Due consideration having been given to the matter, we reverse the order of the Common Pleas Court Armstrong County (trial court) and reinstate the driver license suspension of Frank J. Mazurek (Mazurek).

In Mazurek v. Department of Transportation, Bureau of Driver Licensing (Mazurek I), 717 A.2d 23, (Pa. Cmwlth. 1998), reversed and remanded, 760 A.2d 848 (Pa. 2000), the Supreme Court held that the reporting requirements of the Driver’s License Compact (Compact), 75 Pa. C.S. �1581, relate only to the reporting state and not to the home state, i.e., Pennsylvania. We now review Mazurek in light of the pronouncement of the Supreme Court. The sole issue presented is whether Mazurek’s Mentor City Ordinance 71.01(A)(3) conviction is substantially similar to Article IV (a)(2) of the Compact.

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