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Allegheny County court records error leads to 1,100 driver's license suspensions years after conviction | TribLIVE.com
Allegheny

Allegheny County court records error leads to 1,100 driver's license suspensions years after conviction

Paula Reed Ward
9029049_web1_Department-of-Court-Records
Paula Reed Ward | TribLive

After Justin Snodgrass pleaded guilty to DUI in 2021, he knew his driver’s license would be suspended for two years. For a year after that, he’d have to breathe into an alcohol-detection device to start his car.

Snodgrass, 43, of White Oak, said he turned in his license as required and followed an Allegheny County judge’s orders.

“I accepted the consequences of my actions,” he said.

He thought his punishment was done. But it actually might be starting all over again.

A few weeks ago, Snodgrass got a letter out of the blue from the Pennsylvania Department of Transportation telling him his driver’s license was being suspended, effective in 30 days.

The news stunned him. He had pleaded guilty long before and completed his sentence.

Snodgrass, it turns out, is a victim of the most mundane of mistakes: a paperwork error.

Since 2013, the county’s Department of Court Records has failed to file paperwork with PennDOT regarding driving infractions in about 20,000 cases.

Roughly 1,100 of them involve people like Snodgrass whose licenses have been suspended.

“I learned my lesson. I just wanted to put this behind me,” Snodgrass told TribLive Friday. “And finally, as I’m putting my life back together, I’m told, ‘You owe us another year.’”

Michael McGeever, the director of court records, apologized for what happened.

“My heart goes out to these people. I’m sickened by it,” McGeever said Friday.

But he tempered his sympathy, saying, “You know when you’re in court, that it’s going to be suspended.”

‘No malfeasance’

Under Pennsylvania law, when a person appears in court for any driving infraction, a form called a DL-21 must be sent to PennDOT covering “anything that could infringe on your driving privilege,” McGeever said.

That form is to be transferred from the court records office to PennDOT, even if a person is found not guilty or charges are dismissed. It becomes part of a person’s driving record.

In convictions that carry a suspension, the DL-21 prompts a letter from PennDOT ordering the defendant to surrender their driver’s license.

Driver's license suspension.pdf

But according to McGeever, for a 12-year period, thousands of forms weren’t processed to Harrisburg — about 1 in 5, McGeever estimated.

The error, McGeever said, was discovered during an internal audit of the criminal division of court records in late spring. He did a full investigation, he said, and determined “the business procedure they were using was flawed.”

Although the defendants’ files were properly scanned and court costs assessed, he said, the PennDOT forms weren’t properly processed through the DUI clerk.

“There was no malfeasance,” McGeever said.

Once the scope of the error was discovered, McGeever said he met with the county law department and PennDOT.

PennDOT officials said the forms were still required to be filed with the state, even years later.

“There is no ‘expiration date’ on convictions or discretion that PennDOT can exercise here, or in past instances where the reporting of convictions reported to PennDOT is delayed,” said PennDOT spokeswoman Alexis Campbell. “PennDOT processes reported convictions when received as is required by law and will continue to do so, as convictions are submitted.”

Over the last couple of months, court records has been addressing the backlog.

The office has so far sent PennDOT about 15,000 of the missing notifications.

‘Unreasonable prejudice’

Attorney John Biedrzycki III said he’s received calls from a dozen people who have received a suspension notice in recent weeks.

Traditionally, he said, defendants receive a suspension letter four to six weeks after conviction.

But he has one client who got the notice in October — 10 years after she was convicted of a DUI while in college.

On Thursday, he filed an appeal for that woman — now a registered nurse whose job requires her to drive.

“At this point in their lives, it’s far more punitive than it would have been in the first place,” he said. “They put this behind them a decade ago.”

Biedrzycki expects to argue on appeal that his clients face unreasonable prejudice because so much time has passed.

But, McGeever said defendants are made aware when their cases are resolved that they will face suspension, which doesn’t begin until they get a letter from PennDOT requiring that they send back their physical driver’s license.

“A lot of people probably hoped this fell through the cracks,” said McGeever, who’s worked for the court records for 34 years.

Over the years, he said, some defendants who never received their PennDOT letter called his department to ask about it. In those instances, McGeever said, court records employees processed the forms to PennDOT, and the suspensions were implemented.

But, McGeever said, those employees never reported the larger, systemic problem.

“That should have been a red flag,” he said. “When you’re getting those calls, it’s a symptom.”

‘Five years too late’

For drivers impacted by the upcoming suspensions, McGeever said, his office is sending out letters explaining a “delay in the transmission” of information to PennDOT.

The letters notify drivers they can appeal for $145, although the cost can be waived by a judge, McGeever said.

“We understand the importance of accurate and prompt reporting to PennDOT, as it can affect drivers records, license statuses and compliance with court orders,” the letter says. “Please be assured that our office is working to resolve the issue as quickly as possible.”

Once an appeal is filed, McGeever said, the defendant can continue driving until a hearing.

As of Friday, McGeever said, hearings were being scheduled out to April.

Snodgrass has his in January.

“Five years from the time this was all settled in court,” Snodgrass said. “It’s five years late.”

He has spent thousands of dollars to hire an attorney.

“My wife was in tears,” Snodgrass said. “My first thought was: ‘I’m going to lose my job.’”

Snodgrass, who works in sales, is required to travel and must drive rental cars.

Because of the pending suspension, Snodgrass said, a promotion he was up for has been put on hold.

“There are people whose lives are going to be destroyed by this,” he said.

County Manager John Fournier said he could not comment on any consequences for the court records employee whose mistake led to the current predicament, but added, “accountability is an important part of the solution to this issue.”

“Our priority has been to comply with the court orders in a way that is least harmful to those affected, and we are glad that the vast majority of these cases have been resolved without the need for onerous processes and hearings.”

Paula Reed Ward is a TribLive reporter covering federal and Allegheny County courts. She joined the Trib in 2020 after spending nearly 17 years at the Pittsburgh Post-Gazette, where she was part of a Pulitzer Prize-winning team. She is the author of "Death by Cyanide." She can be reached at pward@triblive.com.

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