AND NOW, this 27th day of October, 2010, it is ORDERED that the above-captioned opinion filed August 20, 2010 shall be designated OPINION rather than MEMORANDUM OPINION, and it shall be reported.
BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE JOHNNY J. BUTLER, Judge.
Gerald Martin (Martin) petitions for review of the order of the Secretary of the Department of Transportation (Department) which denied Martin's exceptions to the proposed report of the Department Hearing Officer and finalized a proposed order that denied Martin's request for additional administrative credit towards a five-year revocation of his operating privilege pursuant to the Vehicle Code (Code), 75 Pa.C.S. §1542*fn1 and a separate one-year suspension of his operating privilege imposed in accordance with 75 Pa.C.S. §1532(b)(3)*fn2.
On March 25, 2000, Martin was cited in Pennsylvania for a violation of Section 3731 of the Code, 75 Pa.C.S. §3731 (driving under the influence). Martin received an Accelerated Rehabilitative Disposition (ARD) and the Department suspended Martin's driving privileges for thirty days effective August 30, 2000. The Department mailed official notice of the suspension to Martin on September 25, 2000. His driving privilege was restored on October 27, 2000.*fn3
On or about October 31, 2001, Martin relocated from Pennsylvania to New York but did not obtain a New York driver's license. He continued to drive with only his Pennsylvania license. Notes of Testimony, (N.T.), July 29, 2009, at 8, 10, 11, 34; Reproduced Record, (R.R.), at 9a, 11a, 12a, 35a.
Martin maintained his Pennsylvania address of 604 North Farmerville Road, Ephrata, Pennsylvania, 17522 after moving to New York and continued to receive some mail at that address. N.T. at 39-40; R.R. at 40a, 41a.
On May 25, 2002, Martin was cited in the State of New York for driving while intoxicated, an offense similar to Section 3731 of the Code (driving under the influence of alcohol or a controlled substance). Martin was convicted of this violation on June 26, 2002. As a result of the conviction, pursuant to the Driver's License Compact (Compact), 75 Pa.C.S. §1581, the Department imposed a one year suspension of Martin's driving privileges effective September 5, 2002. N.T. at 9, 34-36, 50-52; R.R. at 10a, 35a-37a, 51a-53a.
At the time of his May 25, 2002, violation Martin alleges he provided the police officer with his Pennsylvania driver's license. N.T. at 11-15; R.R. at 12a-16a. The Department has no record of receipt of Martin's Pennsylvania driver's license. N.T. at 59-60; R.R. at 60a-61a.
On or about July 25, 2002, the Department processed a Report dated July 15, 2002, from the New York State Department of Motor Vehicles (July Report) pursuant to the Compact notifying the Department that Martin was convicted on June 26, 2002, for his May 25, 2002, violation of Section 3731. N.T. at 52; R.R. at 53a. The July Report lists Martin's Clyde, New York, address; however, the July Report does not indicate that a license or acknowledgement was surrendered to the Court. Exhibit D-2 at 1.
On August 1, 2002, the Department mailed an Official Notice of Suspension letter (Suspension Notice) to Martin at his Pennsylvania address because that was the address of record with the Department at that time. The Suspension Notice advised Martin that his driving privileges would be suspended for a period of one year effective May 14, 2002, as a result of his June 26, 2002, conviction for violating a provision of New York's Code similar to Section 3731 of the Code on May 25, 2002. The letter advised Martin how to comply with his suspension. N.T. at 53; R.R. at 54a. Martin did ...