Commonwealth v. Sherry

Court of Common Pleas of Pennsylvania · 1986 · Criminal Law

44 Pa. D. & C.3d 663 (1986)

Updated August 1, 2026

Criminal Lawrapemistake as to consentdriving under suspensionstatutory interpretation75 Pa.C.S. § 1543(b)DUI suspensionplain meaning

Facts

The defendant had a long history of license suspensions and revocations. Relevant here, he was serving a five-year suspension effective October 5, 1983, under the Controlled Substance, Drug, Device and Cosmetic Act, and he also had a later suspension for driving under the influence that would not become effective until October 4, 1988. On August 4, 1985, he was arrested and charged with disorderly conduct and violating 75 Pa.C.S. § 1543(b). The Commonwealth's own certified driving record showed that the DUI-based suspension had not yet taken effect on the date of the charged driving.

Issue

Does 75 Pa.C.S. § 1543(b), which punishes driving while one's operating privilege is suspended or revoked because of a DUI violation, apply when the defendant is under some other suspension at the time of driving and the DUI-based suspension has been imposed but has not yet become effective?

Rule

Under 75 Pa.C.S. § 1543(b), the enhanced penalty applies only when, at the time of the charged driving, the defendant's operating privilege is actually suspended or revoked because of a violation of section 3731. Because penal statutes must be strictly construed, courts may not extend section 1543(b) to periods covered by other, non-DUI suspensions simply because a DUI suspension will take effect later.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Pittsburgh, Nolan Price was stopped for speeding on June 1. His driving record showed that he was then serving a six-month suspension for failing to answer a traffic citation, and that a separate suspension based on a prior DUI conviction had been ordered to begin three months later.

If Nolan is charged under a statute imposing enhanced punishment for driving while his operating privilege is suspended because of DUI, what is the strongest argument for dismissal of that enhanced charge?

Explanation. The majority rule is that the enhanced statute applies only when, at the time of the charged driving, the defendant is actually serving a suspension or revocation because of DUI. A later DUI-based suspension is insufficient if the operative suspension on the driving date arose from another reason. Because penal statutes are strictly construed, the court may not extend the enhancement to cover periods of unrelated suspension.