Simpson v. Commonwealth, Department of Transportation, Bureau of Driver Licensing, 173 A.3d 321

Background

Licensee Tyler Gerard Simpson was convicted in New Jersey (June 2016) under N.J.S.A. §39:4-50.14 for driving after underage consumption of alcohol; New Jersey reported the conviction to PennDOT under the Driver’s License Compact.
New Jersey’s report included AAMVA Code A60 ("Underage Convicted of Drinking and Driving at .02 or higher BAC") and described the event as "Driving After Underage Drinking."
PennDOT sent Licensee an official notice suspending his Pennsylvania license for one year, stating the out-of-state offense was similar to 75 Pa. C.S. §3802(a)(2).
Licensee appealed the suspension to the Montgomery County Court of Common Pleas; a de novo hearing admitted PennDOT’s certified conviction packet and no defense evidence was offered.
The trial court upheld the suspension, concluding PennDOT made a prima facie case and Licensee failed to rebut by clear and convincing evidence; the court relied on statutory provisions treating out-of-state impaired-driving convictions as substantially similar to §3802.
On appeal to the Commonwealth Court, Licensee argued PennDOT cited the wrong Pennsylvania statutory subsection and that New Jersey’s BAC threshold (.01) differed from Pennsylvania’s (.02), so the offenses are not substantially similar.

Issues

Issue	Simpson's Argument	PennDOT's Argument	Held
Whether PennDOT’s citation to §3802(a)(2) (instead of §3802(e)) rendered the suspension invalid	The suspension cited §3802(a)(2) (0.08–0.10% BAC) which is not the minor-specific §3802(e); thus notice was incorrect and suspension improper	PennDOT followed §3804(e)(2)(iv)(B) which directs treating out-of-state DUI reports as comparable to §3802(a)(2); de novo hearing cured any notice defect	Court held citation to §3802(a)(2) was proper under Pennsylvania suspension procedure and did not invalidate notice or suspension
Whether differing BAC thresholds between NJ and PA prevent a finding of substantial similarity	New Jersey’s minor statute convicts at ≥0.01%; Pennsylvania’s minor statute requires ≥0.02%, so NJ conviction might not satisfy PA standard	Section 1586 removes differing impairment-level comparisons as a basis to deny reciprocity; out-of-state impaired-driving convictions are treated as substantially similar regardless of BAC differences	Court held statutory §1586 allows suspensions based on out-of-state impaired-driving convictions despite different BAC thresholds
Whether PennDOT met its burden to suspend absent more detailed BAC proof	Lack of BAC value on the NJ report and ambiguity in the A60 code meant PennDOT didn’t prove required elements	Certified NJ conviction plus AAMVA code and event description established prima facie case; burden then shifted to Simpson to rebut	Court held PennDOT presented a prima facie case; Simpson offered no clear and convincing rebuttal, so suspension stands
Whether the Compact requires proof of actual incapacity to drive	Simpson argued Compact’s Article IV(a)(2) requires proof of incapacity to safely drive, which NJ report did not show	Pennsylvania law (after §1586) treats out-of-state impaired-driving offenses as substantially similar without demanding identical impairment proof	Court held §1586 and precedent permit suspension without separate proof of incapacity; NJ statute and A60 suffice

Key Cases Cited

Hyer v. Dep’t of Transp., Bureau of Driver Licensing, 957 A.2d 807 (Pa. Cmwlth. 2008) (ACD codes may be used to identify out-of-state offenses)
Taddei v. Dep’t of Transp., Bureau of Driver Licensing, 982 A.2d 1249 (Pa. Cmwlth. 2009) (burden-shifting: DMV establishes prima facie case; licensee must rebut)
Scott v. Dep’t of Transp., Bureau of Driver Licensing, 730 A.2d 539 (Pa. Cmwlth. 1999) (upholding suspension despite incorrect statutory citation in notice)
Phillips v. Dep’t of Transp., Bureau of Driver Licensing, 80 A.3d 561 (Pa. Cmwlth. 2013) (explaining PennDOT’s procedure for suspensions based on out-of-state convictions)
Wroblewski v. Dep’t of Transp., Bureau of Driver Licensing, 809 A.2d 247 (Pa. 2002) (Section 1586 permits reciprocal suspensions despite differing impairment levels)
Hoenisch v. Dep’t of Transp., Bureau of Driver Licensing, 785 A.2d 969 (Pa. 2001) (Compact contemplates interstate BAC variations)
Duffey, 639 A.2d 1174 (Pa. 1994) (license suspensions are collateral civil consequences of criminal convictions)