Evans v. Department of Transportation, Bureau of Driver Licensing

In Evans v. Department of Transportation, Bureau of Driver Licensing, 800 A.2d 1001 (Pa. Cmwlth 2002), Robert Evans (Evans) held a Pennsylvania license but eventually established residence in Baltimore, Maryland. Evans was convicted for violating New Jersey's driving under the influence (DUI) statute. The following day, Evans surrendered his Pennsylvania license to Maryland and was issued a Maryland license. The Department notified Evans by letter that it was suspending his operating privilege for a period of one year as a result of his New Jersey DUI conviction. Evans filed a statutory appeal of his suspension with the trial court. The trial court concluded that Evans was a licensed driver in the state of Pennsylvania at the time of his New Jersey conviction. Therefore, the trial court held Department had the authority to suspend Evan's operating privilege. On appeal, this Court noted that "home state" is defined as "the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle." See 75 Pa.C.S. 1581. The Court decided that because the driver held a Pennsylvania license at the time of his arrest and conviction his home state was Pennsylvania under the Compact and dismissed Evans' appeal of the imposition of his suspension.