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Squire v. Commonwealth

The court affirmed a one year suspension based on a New York conviction for Driving While Ability Impaired (DWAI) even though the DWAI statute requires a lower degree of impairment than Pennsylvania's DUI statute and even though the New York conviction report lacked certain information.

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SUBMITTED: March 31, 2000

Leo J. Squire appeals from the one-year suspension of his operating privileges stemming from a New York conviction for driving while ability impaired (DWAI). We affirm.

On February 12, 1999, Squire was convicted in Erie County, New York of violating New York Vehicle and Traffic Law � 1192(1), part of New York’s DUI statute that prohibits driving while ability impaired. *fn1 On March 15, 1999, New York’s licensing authority reported the conviction to Pennsylvania’s Department of Transportation (Department) pursuant to Article III of the Driver License Compact, 75 Pa. C.S. � 1581. As a party to the Compact, Pennsylvania treated Squire’s New York conviction as a violation of Pennsylvania’s DUI statute and suspended his operating privileges for one year. *fn2 Squire appealed the suspension to the Court of Common Pleas of Beaver County, which affirmed the action of the Department.

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