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Stiver v. Commonwealth

Suspension of operating privilege following conviction in New York of DWAI affirmed; defects in conviction report did not deprive defendant of due process because title of violation provided sufficient notice and a meaningful opportunity to be heard; defendant's equal protection rights were not violated because Drivers' License Compact does not single out any group of Pennsylvania licensees for disparate treatment.

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Submitted: July 27, 2001

James Roy Stiver (Stiver) appeals from the order of the Court of Common Pleas of McKean County (trial court) that dismissed his appeal from a one-year suspension of his operating privilege imposed by the Department of Transportation, Bureau of Driver Licensing (Department). We affirm.

On August 9, 1999, Stiver was convicted in New York of driving on July 31, 1999, while ability impaired (DWAI), in violation of Section 1192(1) of the New York Vehicle and Traffic Law.*fn1 By notice dated October 13, 1999, the Department notified Stiver that his Pennsylvania driving privilege would be suspended for one year based on his August 9, 1999 New York conviction, pursuant to the Drivers License Compact of 1961 (Compact), 75 Pa. C.S. �1581, Article IV(a)(2) (suspension of Pennsylvania operating privilege following a conviction for driving under the influence of alcohol or “substantially similar” offense in a state which is a party to the Compact). *fn2 The Department’s notice stated that the New York conviction is equivalent to a conviction under 75 Pa. C.S. �3731 for Driving Under the Influence (DUI).*fn3

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