Berner v. Commonwealth, Department of Transportation

LEADBETTER, Judge.

The Department of Transportation, Bureau of Driver Licensing appeals from the order of the Court of Common Pleas of Butler County sustaining Jennifer Ann Berner’s license suspension appeal. The Bureau contends that pursuant to the Drivers’ License Compact, 75 Pa.C.S. § 1581, it is authorized to suspend Ber-ner’s Pennsylvania license. However, Ber-ner does not have a Pennsylvania driver’s license. Therefore, the court of common pleas sustained Berner’s appeal and, we affirm.

At the time of her arrest in New York for driving while intoxicated in violation of N.Y.Veh. & Traf.…