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Home My WebLink About02-4634 Jason R. Whiting, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. No.: 62. '//; 3 'I Civil Term Commonwealth of P A, Department of Transportation, Bureau of Driver Licensing, Appellee PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REOUlREMENTS I, Appellant herein is Jason R. Whiting, residing at and having a mailing address of: 115 Skyline View Drive, Carlisle, P A 17013. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of: Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3, On December 1,2000, Appellant pled guilty to violating, inter alia, 75 Pa.C.S. ~3731(a), Driving Under the Influence. This court sentenced Appellant to a term of imprisonment, fines and costs, and ordered the installation of an ignition interlock device on all vehicles owned by Appellant pursuant to 42 Pa.C.S. ~7000 et sea. 4. In a subsequent decision, this Court found the act requiring the imposition of ignition interlock devices was unconstitutional as written and consequently vacated the portion of Appellant's sentence requiring the imposition of an ignition interlock device. 5. Due to Appellant's conviction for DUI, Appellee suspended Appellant's driving privileges for a period of I year pursuant to 75 Pa.C.S. ~1532(b)(3). 6. Even though this Court vacated the part of Appellant's sentence imposing the ignition interlock device, the Department of Transportation, by letter dated September 9, 2002, suspended Appellant's driving privileges for one additional year for failing to install an ignition interlock device in his vehicle. The new restoration date for Appellant's driving privileges is September 14,2003, and Appellant appeals hereto from that date. (A copy of the letter is attached hereto and marked as Appellant's Exhibit "A"), 7. Appellant complied with all other requirements required by Appellee in order to restore driving privileges as well as with all requirements ordered by the Court as part of Appellant's sentence. 8. On January 11,2002, the Commonwealth Court of Pennsylvania held that "the trial court has jurisdiction over driver license suspension appeals and ... the plain language of the Act does not permit PennDOT to have independent authority to impose installation of an ignition interlock device" Schneider v. Commonwealth, 790 A.2d 363 (pa.Cmwlth 2002) 9. Following the holding of Schneider, Appellant asserts that imposition of ignition interlock requirements is unlawful in that it was done unilaterally by Appellee without legal authority and in the absence of imposition of those requirements by this Court. WHEREFORE, Appellant respectfully requests this matter be set down for a hearing, Appellee restore Appellant's driving privileges supersedeas pursuant to 75 Pa.C.S. ~1550(b) pending said hearing, and Appellee's imposition of ignition interlock devices on Appellant's vehicles be set aside. D.". q i z-sl 02- ::~y S bmitted, By 'K- Paul Bradford IT, squire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID# 71786 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 09/09/02 JASON ROBERT WHITING 115 SKYLINE VIEW DR DRIVER'S LICENSE NUMBER: BIRTH DATE: ELIGIBILITY DATE: 25946478 03/10/82 09/14/03 CARLISLE PA 17013 Dear MR. WHITING: This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOTl that your driving privilege has been restored. OnlY after that may YOU drive. An ELIGIBILITY DATE is listed above. This is the date YOU are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. IGNITION INTERLOCK You are required to have an approved Ignition Interlock System installed in all of your vehicle(sl. ApproximatelY 30 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the System installed. -Interlock Installation Services - 1-800-452-1739 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. (serving Eastern PAl - 1-866-342-4984 -American Court Services (serving Central/Western PAl - 1-888-565-6227 -Guardian Interlock Systems - 1-800-499-0994 -Draeger Interlock, Inc. - 1-800-332-6858 You will need to provide the vendor the following court information before the System can be installed. COUNTY CUMBERLAND CTY COURT NUMBER 2336 COURT TERM 2000 Please retain a copy of this letter to assist you in this process. 1 App{II~~j" E,h;bi~ "A" LICENSE NO. 25946478 If you choose not to install the Ignition Interlock System in your vehicleCs), your driving privilege will remain suspended for an additional year. IGNITION INTERLOCK LICENSE -In order to have your driving privilege restored yOU must apply for an Ignition Interlock license. An Ignition Interlock license entitles yOU to drive only vehicles equipped with an Ignition Interlock System. You may make application 30 days BEFORE your eligibility date. An application is enclosed for your convenience. This letter identified the requirements necessary to restore Your driving privilege and we are looking forward to working with YOU to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank You. P.S. REMEMBER, your ELIGIBILITY DATE is 09/14/03. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION C7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM to 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 2 LICENSE NO. 25946478 IGNTION INTERLOCK LICENSE APPLICATION To apply for an Ignition Interlock License, please sign below and submit this page with a check or money order in the amount of $25.00 to the mailing address listed at the bottom of this letter. Your check or money order should be made payable to PENNDOT. DRIVER'S LICENSE NUMBER - 25946478 JASON ROBERT WHITING 115 SKYLINE VIEW DR CARLISLE PA 17013 SIGNATURE TELEPHONE NO: If your address has changed, please print the correct address here: If YOU choose not to install an Ignition Interlock System, YOU do not have to apply for an Ignition Interlock License. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 3 Jason R Whiting, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. No.: Civil Term Commonwealth of P A, Department of Transportation, Bureau of Driver Licensing, Appellee ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for Appellant; 2. He is authorized to make this verification on Appellant's behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information, and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Respectfully submitted, Date ili:? t 02 RADFORD ORR By: Paul Bradfo 0, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellant Supreme Court ID# 71786 Jason R. Whiting, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, No.: Civil Term Commonwealth ofPA, Department of Transportation, Bureau of Driver Licensing, Appellee CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a true copy of a Petition for Appeal from Imposition ofTgnition Interlock Requirements by the Department to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Date: '1 )l') l 02. r~ I.:J \, ~ ~ <' 1-l ....." .ft ~ 2 ;g tE ;'?- !},1 :ZF~'- 0) >.. _/"'"0_ r:: -'~, f:Cj .:::,..C" j;: (5 ( .. [.., ~' ~ ,., 'n a "v tn "1 " N O"~ o "" ::;J ,-:;~ '1.2.:: :.-;'"r1 .(:;: --"j:-:-> \ ~-U ~5 ;''oJ, ~:3 -< :J::.. ~ 2:.-: - Jason R. Whiting, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, No.: OJ. - </(,3 i Civil Term Commonwealth ofP A. Department of Transportation, Bureau of Driver Licensing, Appellee ORDER AND NOW, this / sf day of 0 d. , 2002, upon consideration of Appellant's appeal, a hearing shall be held on the b -t/1 day of1JtC~y( 2002, at /,' 00 o'clock f M in Courtroom Number.5 , Cumberland County Courthouse, Carlisle, Pennsylvania, AND NOW, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to 75 Pa.C.S. ~1550(b) pending said hearing. L d 1A.//llZd E. C; Pt-/dt!J 1. / Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 , ~ ~ ItJ-tJ.L.().L> 9-. >- ~ \-'::' UJGj [t~.,:' i:):~:', ) C 01,;. ~~~!~._.. i=-~ u_ o 0:') cv: C0 "",' d"- e.. j:: L- =?..~ L)9 U:::( ;:d~ " ~~? (j) "};2: a::'Z U.luJ CD a.. :::'?- 3 . I- W C) N C) JASON R. WlllTING, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-4634 Civil Term COMMONWEALTH OF PENNSYLVANIA, DEPT. OF : LICENSE SUSPENSION APPEAL TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee MOTION TO CONTINUE 1. On September 26, 2002, the Appellant filed his Petition for Appeal from Imposition of Ignition Interlock Requirements. 2. On October 1,2002, this Court set a hearing date for December 6,2002 at 1:00 p.m. 3. This Court ruled in Commonwealth v, Mockaitis, 01-1692, Criminal Term that Act 63 of 2000 does not meet Constitutional requirements. 4, The issues in this case are the same as the issues raised in Mockaitis, Id. Therefore, the doctrine of res judicata applies, 5. This Court's decision in Mockaitis, Id. is currently being reviewed by the Supreme Court, The Supreme Court's decision will, in all probability, determine the outcome of this case, 6, The Commonwealth Court has decided in Albert Schneider v. Comm, ofPa... Dept. of Transp,. Bureau of Driver Licensing, 1513 C.D. 2001 (pa,Cmwlth. 2002) that the sentencing court failed to impose an ignition interlock requirement. Therefore, PennDOT has no unilateral authority to impose ignition interlock device requirements if the trial court fails to do so. 7. Judicial efficiency will be furthered continuing the case until a decision is made by the Supreme Court, 8. George Kabusk, Esquire, attorney for the Department of Transportation, does not oppose a continuance. WHEREFORE, the appellant requests a continuance to a time and date suitable to all parties, Res )(1:l Date: \1.~(}1. By: Paul Bradford IT, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. No. 71786 -2- JASON R. WHITING, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 02-4634 Civil Term COMMONWEAL TH OF PENNSYLVANIA, DEPT. OF : LICENSE SUSPENSION APPEAL TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee ORDER OF COURT AND NOW, this ,,~ day of bac.-.e..., ,2002, the Petitioner's Motion for Continuance dated ~ ~ , 2002 is GRANTED, and it is hereby a:. J\..4.', ~.3 ~ ':II~A."'" . ORDERED that the matter shall be eM';"""...! f'~_ ,ill (0 Hwuths, pending a decision by the ~ Supreme Court. Edward E. Guido, 1. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, P A 17013 (') c :s:: vtX:; nlfT Zoo" Zr;:: ~.:::~:. r::c-", ~ ZQ ~-O Pc Z =<! (::;;I N Cl 1"1'1 :-) I en :2 -'- o . .~' 1 ~1] .,.'j o ~~/ ~,~~ '-., -'. ~ ~._~~~; "j .::.,-1 53 -< r:- ..... JASON R. WHITING, IN THE COUR'r OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-4634 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 9th day of June, 2003, at the request of the parties, this matter is continued generally pending decision in several controlling cases which are on appeal to the appellate courts. It shall be rescheduled at the request of either party. Edward E. Guido, J. ~eorge Kabusk, Esquire Attorney for Appellee ~Ul B. Orr, Esquire Attorney for Appellant ) t~;~~ r<) R \<5 O~.J() -03 srs V/NVA1\SiliN3d I '''n'''^ I~'. ,-, '~''''^,^,... 1\l.J\j ;'.1:} ,';""', r"~'~!hIIJ 85:1 f":Ld (-; i.!i.i AUVIC::<t,'::, J~)'{ oj Jason Whiting. Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COl INTY v. No.: 02-4634 Civil Tcrm Commonwealth of P A, Dcpartment of Transportation, Bureau of Driver Licensing, Appellee MOTION TO WITHDRAW PREVlOllSL Y FILED APPEAL 1. Appellant herein is Jason Whiting, residing at and having a mailing address of: 115 Skyline View Drive, Carlisle. Pennsylvania, 17013, 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania (PennDOT), having a mailing address of: Pennsylvania Department of Transportation, OfIicc of Chief Counsel, Third Floor, Riverfront Oflice Center, Harrisburg, Pennsylvania 17104-2516, 3. On December 1. 2000. Appcllant pled Guilty to violating. inter alia, 75 Pa.C.S. ~3731 (a), Driving Under the Influence. This Court sentenced Appellant to a tenll of imprisonment tines and costs, and ordered the installation of an ignition interlock device on all vehicles owned by Appellant pursuant to 42 Pa.C.S. ~700() et seq. 4, In a subsequent decision. this Court found the act requiring the imposition of ignition interlock devises was unconstitutional as written and consequently vacated the portion of Appellant's sentence requiring the imposition of an ignition interlock device, 5. Due to Appellant's conviction f()r DUL Appellee suspended Appellant's driving privilegcs for a period of I year pursuant to 75 Pa.C.S. ~1532(b) (3). 6. Even though this Court vacated the part of Appellant's sentence imposing the ignition interlock device, the Department of Transportation, by Ictter dated Scptember 9, 2002, suspended Appellant's driving privileges for one additional year (()I' tailing to install an ignition interlock device in his vchicle, The ncw restoration datc t;w Appellant's driving privileges is September .. 14,2003, and Appellant appcals hereto from that date. (A copy of thc letter is attached hercto and marked as Appellant's Exhibit "A"), 7. Appcllant complicd with all othcr requiremcnts required by Appellec in order to rcstorc driving privileges as well as with all requircments ordcrcd by the Court as part of Appellanfs sentencc. 8. On September 26, 2002. Appellant tiled a Petition t(lr Appeal ti'om Imposition of Ignition Interlock Requiremcnts with the Cumberland County Court of Common Pleas. 9. On October 1.2002, Cumberland County Court of Common Pleas scheduled an Appeal Hearing to be held on Deccmber 6, 2002. 10. On February 4. 2004. and Order of Court was issucd granting Appellant permission to amend his petition based on issued raised in Alexander \'. ('oll1l11onwealih pending the outcome of that Appeal. II. On May 6, 2004. a Ictter was reccived by Appellant's Legal Counsel inf(mning him of the Department's decision to requirc Appellant to obtain an Ignition Interlock Restricted Driver's License for onc year beforc becoming eligiblc for an unrestricted drivers licensc, WHEREFORE. Appellant respectfully rcquests this previously tiled Appcal be Withdrawn, 0"" :Jf1~ 0 b A By:_ Paul Bradt(lrd Orf. Esquire Attorney for Appellant 50 Last High Strcet Carlisle. P A 17013 (717) 258-8558 Jason Whiting. Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. No.: 02-4634 Civil Tcrm Commonwealth of P A. Department of Transportation. Burcau of Driver Licensing. Appcllee ATTORNEY VERIFICATION The undersigned. Paul Bradford Orr. Esquire. hercby verities and states that: 1. He is thc attorney lor Appcllant; 2. He is authorized to make this verification on Appellant's behalf: 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts sct forth in the forcgoing Appeal are true and correct to the best of his knowledge. information. and bclief: and 5. He is aware that false statements hcrein are made subject to the penalties of 18 Pa,C.S. *4904. relating to unsworn t~llsilication to authorities. Respcctfully submitted. D",,31~b~ ORR By: Paul Bradford Or . Esqui e 50 East High Strcct Carlisle. P A 17013 (717) 258-8558 Attorney for Appellant Supreme Court ID# 7 \ 786 Jason Whiting, Appellant IN 1'1 IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. No,; 02-4634 Civil Term Commonwealth of P A, Department of Transportation, Bureau of Driver Licensing, Appellee CERTIFICATE OF SERVICE I hereby certily that on this date. I mailed a true copy of a Motion to Withdraw previously filed Appeal to the following person at the following address by U.S, First Class Mail, postage prepaid: Pennsylvania Departmcnt of Transportation Omee of Chief Counsel Third Floor Riverfront Ot1ice Center Harrisburg, P A 04-, 6 0", ) ~ By: _, Paul Bradford Orr. E Attorney for Appcllant 50 East Iligh Street Carlisle, P A 17013 (717) 258-8558 \-~ " --------- ----------'