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Ganoe v. PA Dep’t of Transp., Bureau of Driver Licensing

Pennsylvania Commonwealth Court

March 2, 2021

In Ganoe v. PA Dep’t of Transp., Bureau of Driver Licensing, Licensee appealed the trial court’s order, which suspended his operating privilege under Section 1532(c) of the Vehicle Code, 75 Pa. C.S. § 1532(c), after his conviction for a drug offense. However, at the time of his hearing before the trial court, Section 1532(c) no longer authorized a license suspension for a drug conviction.  On appeal, Licensee argued that the trial court lacked the statutory authority to enter an order suspending his operating privilege. The Pennsylvania Commonwealth Court agreed and reversed. The Court ruled that, prior to the date of the hearing before the trial court, § 1532(c) ceased to sanction a drug conviction with the loss of a driver’s license, and the General Assembly did not tie the elimination of that sanction to the date of the licensee’s conviction, as argued by PennDOT. The Court concluded by stating that a court must enforce the law as it exists when the court renders its judgment.

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