Complex DUI license issues
One of the most frustrating parts of dealing with DUI and vehicular cases is the cross-over collateral issues with the Motor Vehicles Department. This new case out of Pennsylvania illustrates the complex interplay of criminal and civil licensing issues.
Excerpts (I highly suggest that you read the whole opinion in this case to get the full import of the complexity of the interplay):
Finally, Licensee's argument that he was not sentenced under the proper section of the Vehicle Code, must be heard on an appeal from his underlying criminal conviction, not before this Court. Licensees may not collaterally attack an underlying criminal conviction during a civil license suspension proceeding. Commonwealth v. Duffey, 536 Pa. 436, 639 A.2d 1174 (1994). Thus, PennDOT properly imposed a one-year suspension of Licensee's operating privileges because competent, unrebutted evidence established Licensee was not sentenced under 75 Pa.C.S. § 3804(a)(1) and therefore was not entitled to the "no-suspension exception."
Therefore, we affirm the trial court's decision sustaining the one-year suspension of Licensee's operating privileges.
Analysis: DUI cases are extremely complex. The interplay of civil licensing issues and criminal penalties means that the practitioner must constantly keep on top of new developments in DUI law.
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