Berner v. Department of Transportation, Bureau of Driver Licensing

In Berner v. Department of Transportation, Bureau of Driver Licensing, 746 A.2d 1207 (Pa. Cmwlth. 2000), Berner, who was licensed in Pennsylvania, was arrested in New York for driving while intoxicated. After her arrest, she obtained a New York license based on her residency there. Berner surrendered her Pennsylvania license when she received her New York license. Subsequently, she pled guilty to driving while intoxicated. Based on the Pennsylvania license that Berner produced at the time of her New York arrest, New York notified the Department of Berner's conviction. The Department then notified Berner that her Pennsylvania operating privileges would be suspended for one year, based on the New York conviction. The Court observed that at the time of Berner's New York conviction, she was no longer licensed in Pennsylvania. As such, Pennsylvania lacked the authority to suspend her driver's license.