Monday, October 02, 2006

driver's license - suspension - multiple convictions - merger

Drabic v. Penn DOT - Pennsylvania Supreme Court - September 27, 2006

majority http://www.courts.state.pa.us/OpPosting/Supreme/out/J-53-2006mo.pdf
dissent http://www.courts.state.pa.us/OpPosting/Supreme/out/J-53-2006do1.pdf
dissent http://www.courts.state.pa.us/OpPosting/Supreme/out/J-53-2006do2.pdf

In a 4-3 decision, the court held that civil driver's license suspensions merge in accordance with the merger of the underlying criminal convictions on which the suspensions are based. The court held that its decision was based on long-standing precedent and on the plain language of the statute 75 Pa. C.S.1532, which "directs that only a single suspension can be imposed upon a single-criminal episode." The result in this case was the merger of the suspension based on the driver's DUI conviction into the suspension based on his conviction of homicide by vehicle-DUI and a consequent reduction in his suspension by 2 1/2 years.