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Kulp v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

Dismissal of appeal from driver's license suspension, based on New Jersey conviction of DWI, affirmed; Compact does not require a comparison of Pennsylvania and New Jersey's drunk driving statutes.

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Submitted: January 11, 2002

Michael Kulp (Licensee) appeals from an order of the Court of Common Pleas of Chester County (Trial Court) dismissing his appeal from a one-year suspension of his operating privilege imposed by the Pennsylvania Department of Transportation, Bureau of Driver Licensing (Department) pursuant to the Driver’s License Compact (Compact). *fn1 We affirm.

On December 18, 1999, Licensee was arrested in the State of New Jersey and charged with driving while intoxicated (DWI),in violation of N.J. Stat. �39:4-50(a). *fn2 Forty-five minutes after his arrest, Licensee provided a sample for a chemical test that showed a blood alcohol concentration (BAC) of 0.11%. Licensee pled guilty under a civil reservation before a New Jersey court, and he was convicted of DWI on March 31, 2000. On August 21, 2000, the Department notified Licensee that as a result of his conviction in New Jersey, which the Department treated as equivalent to a violation of 75 Pa. C.S. �3731(a) *fn3 , Licensee’s operating privileges would be suspended for a period of one year as of September 25, 2000.

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