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Home My WebLink About96-05712 . ... + - . . J ~ 0 ( t . <:.J .. ... .e. ~ i -; J I ! ~ --- IjAlfl'E, IIARJI 339 PORT ST SHIPPENSBURG, PA 17257 L 00c*Ic No.: CR-0000740-96 OIIeFlIlIc:I: 6/21196 OTN I 744971-3 .........~~rf~. ....1IIIl.. 12-1-04 0" ..... ... IWUlIIA C, STEWART I - 1520 VAUW'l' S'l'RJ:ET I IIAJlRISBURG, PA ~17123J-1220 17103 NonCE OF CONVICTJON DL41 D PA DEPAJl'l'IIDrl' or 'l'RANBPORTATIOH BUUAU OP DRIVER LIcacsING P.o. lOX 60037 RARRlllURG, PA 17106-0037 REPORT OF A COURT SHOWlNO THI! COIMCTION OF Cl!RTAIII VlOlATJOHI OF 1ltE COIlIfhO- · IOn .-rANCE, DRUG, Dna AND CD IJ ,IIC ACT llII'DDoUfI' "1)1_1101I .... _. "'"' ..... ..- ., . i., .', '7a,' ~. . .', '~~'.. .;~n...'. 1<" - '. ~ ~;,l 't.f-J ""-=':OPb: vs. -, .J ]]9 .mrr n ,.,... ....... r.., t# i ('0UIn 12-1-04 I COlMTY DAUPHIN : NUoIIIEACR-0000740-96 >'WI 1996 ~ E 744971-3 ... :ftN_ "" . ..... PEIDISYLVANIA lIXaIlt.~lD 187-!!I~-2IAl ~(IIU"tIQ .... .."tt SHIPPDm1lUllC PA 1'2!i7 YlOUlJON 1NPONIA11ON ~ 0"'.__ C. ,,' C....08 !"". 14 [-" .. - J....... os I:~": I"... " !iA CArs ~ WQAf'Ot ~""06 L. 18 VIOlA TlON COUWTTED (P\NM 11M . MP8""1OI '" lor -=" Chlrvwl ... __ - 00____._ ___ ______ ___._ ___ _________ __________ ft'I'~.,~ C .,... _f1' ~ I folMUD e.ITMCII,- ........ CO IIIITIC llC1' ~-I o .."t, 0..". o "". 0.._ . "~I "lOTI 1100_ II.... 1M _.. ......... _ _ .," _ Ill.... e-.... . - _ 0..,. lliowlIN_C'O'_..._......___1MfO :--~_..--: 9 ---. -~- t......... ._~ AClIlI .'ntI .-.0 TI4Ii ~ YO ~ C6 ..." C. ...... It 0 101_ ~ _ ~ ... ,,,.., \1 (~ PAGE 2 CERTIFICATION STATEMENT - OCT 31 1996 - LICENSE NUMBER 17189198 CONTINUED -------------------------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACT! ON: SEP 01 1977 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 074 MPH IN A 055 MPH ZONE SEP 27 1977 ASSIGNED POINTS AUG 13 1978 VEHICLE CODE: 1571 VIOLS CONCERNING LICENSES OCT 02 1978 POINT EXAM SUSPENDED - FAILED EXAM INDEFINITE SUSPENSION EFFECTIVE APR 17 1979 JUL 07 1979 VEHICLE CODE: 1543 DRIVING WHILE SUSP!REVOKE JUL 17 1980 DRIVING PRIV REVOKED FOR 6 MONTH(B) EFFECTIVE OCT 22 1980 MAR 19 1983 VEHICLE CODE: 1543 MAJOR VIOLATION DRIVING WHILE SUSP!REVOKE APR 22 1983 DRIVING PRIV REVOKED FOR 1 YEAR(S) EFFECTIVE JON 13 1983 RESTORATION OF OPERATING PRIVILEGES JON 21 1984 U* CONTINUED *** . . . PAGE 4 CERTIFICATION STATEMENT - OCT 31 1996 - LICENSE NUMBER 17189198 CONTINUED VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: FES 20 1995 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 060 MPH IN A 035 MPH ZONE MAR 02 1995 ASSIGNED POINTS MAR 12 1995 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 073 MPH IN A 055 MPH ZONE MAR 23 1995 POINT EXAM PASSED EXAM MAY 17 1995 JON 18 1996 VEHICLE CODE: 13A31 POSSESSION OF MARIJUANA AUG 14 1996 REPORT FROM DISTRICT COURT SUSPENSION FOR 6 MONTHIS) EFFECTIVE OCT 22 1996 OFFICIAL NOTICE MAILED SEP 17 1996 -------------------------------------------------------------------------------- REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD ... CONTINUED ... . . , . PAGE 5 CERTIFICATION STATEMENT - OCT 31 1996 - LICENSE NUMBER 17189198 CONTINUED REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS NO ACCIDENTS DURING THIS REPORTING PERIOD . U lRD OF RECORD . U - . . PAGE 6 CERTIFICATION STATEMENT - OCT 31 1996 - LICENSE NUMBER 17189198 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~~,~ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:OCT 31 1996 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, t- SECRETARY OF TRANSPORTATION SEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OFTRANSPORTATION,BUREAU OF DRIVER LICENSING V. MARK JANTE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-5712 CIVIL TERM IN RE: DRIVEB LICENSE SUSPENSIO~ OPINION AtlID ORDER OF COURT BAYLEY, J., December 13,1996:- Petitioner, Mark Jante, appeals from the suspension of his driving privilege for six months by the Department of Transportation pursuant to the Vehicle Code at 75 PaC.S. Section 1532(c). A hearing was conducted on December 12, 1996. Section 1532(c) provides: The department shall suspend the operating privilege of any person upon receiving a certified record of the person's conviction of any offense involving the possession, sale, delivery, offering for sale, holding for sale or giving away of any controlled substance under the laws of this United States, this Commonwealth or any other state. (1) The period of suspension shall be as follows: (i) For a first offense, a period of six months from the date of the suspension. The Department suspended petitioner's driving privilege based upon a court certification that petitioner was convicted on August 14, 1996 for possession of marijuana. The offense 0CCUf1'ed on June 18, 1996. Petitioner maintains that his suspension should be reversed because (1) he did not realize that he would lose his license when he pled guilty to possession of a small amount marijuana (he was represented by an attomev); (2) that conviction had nothing to do with driving a motor vehicle; and (3) the suspension will result in hardship because he drives for a 96-5712 CIVIL TERM living. The loss of driving privileges is a civil collateral consequence of petitioner's conviction for possession of marijuana See Commonwealth v. Duffey, 536 Pa. 436 (1994). In Duffey, the Supreme Court of Pennsylvania stated that since a license suspension is a collateral civil consequence of a criminal conviction, [t]here is no requirement that [petitioner] know of this consequence at the time of his guilty plea. [Petitioner's] loss of driving privileges is 'irrelevant to the determination of whether a guilty plea was entered voluntarily and knowingly.' In Plowman v. Commonwealth, Department 01 Transportation, 535 Pa. 314 (1993), the Supreme Court of Pennsylvania stated that [o]perating a motor vehicle upon a Commonwealth highway is not a property right but a 'privilege.' As such, the Commonwealth has a right to control and regulate its use. (Citations omitted.) In Plowman, appellant was convicted of a drug offense which resulted in the suspension of his driving privilege pursuant to Section 13(m) of the Controlled Substance, Drug, Device and Cosmetic Act. 35 P.S. Section 780-113(m).' Appellant challenged his driving suspension as unconstitutional. The Supreme Court held that the statute was constitutional under a "rational basis test" in that it bears a relationship to an identified state interest that is objectively reasonable. The Court stated: [t]he prospect of losing one's driver's license may deter a potential drug user from committing that first drug offense. At least, that potential user 1. Section, 3(m) has been rapIaced with the slmiIar plOVision now contained in Section 1532(c) of the Vehicle Code. .2- 96-5712 CIVIL TERM may consider the loss of his/her license and its effect on employment and transportation prior to committing a drug offense.2 Under certain circumstances the Department of Transportation is authorized to issue an occupational limited license to a driver whose operating privilege has been suspended. 75 Pa.C.S. Section 1553. However, the Department may not issue a limited license if prohibited under any section of the occupational limited licensing statute. 75 Pa.C.S. 5 1553(a). Section 1553(d)(10) sets forth that the Department is prohibited from issuing an occupational limited license to: [aJny person whose operating privilege has been suspended pursuant to either section 13(m) of the act of April 14, 1972 (P.L 233, No. 64), known es The Controlled Substance, Drug, Device and Cosmetic Act, or section 1532(c) (relating to revocation of suspension of operating privilege) unless the suspension imposed has been fully served. (Footnote omitted.) The occupational need of petitioner for a vehicle is thus clearly not a basis to reverse the suspension of his driving privilege. Commonwealth v. Schwartz, 21 D. & C. 4th 355 (Bucks Co. 1993), affd 435 Pa. Super. 627 (1994), appeal denied 538 Pa. 656 (1994). Accordingly, the following order is entered. OROER OF COURT AND NOW, this '~day of December, 1996, the within appeal from the suspension of driving privilege, IS DENIED. 2. The Supreme Court further held that since the suspension of a driver's license for a drug conviction is a collateral civil consequence, It does not constitute "cruel and unusual punishmenr under the Eighth Amendment to the United States Constitution or AttieIe 1, Section 13 of the Pennsylvania Constitution. -3- 96-5712 CIVIL TERM Matthew Haeckler, esquire For Department of Transportation Mark Jante, Pro 58 339 Fort Street Shlppensburg, PA 17257 :saa -+ '" .J:/- ,~ ... COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9~- S7/J. CUJll /(~"1 vs. MARK JANTE APPELLANT ORDER OF COURT AND NOW, this ~ay of I J:~L~ 11.<. . 1996, based upon Appellant's Appeal. a Hearing shall be held on::t~aYOf j,a (I"'h"L'iA... . 199.k,ln Courtroom-=1.. at i '. 36 o'clock p.. m. at the Cumberland County Courthouse. This Appeal shall act as a supercedious of any suspension or revocation of Appellant's license pending the hearing. / J. Date: 101;11 q/, . . - ~ N r:: i~ c-: .,?'; - :31 - - ~ .~~ ~ .. . N . l~ ) ~. N C:!~ .... 'd~ .: ~ a ~ "" U" COHHONWEALTH OF PEN~SVLVANIA OEPARTHENT OF TRANS'ORTATION Bureau of Driver Li~ensing Harrisburg. PA 17123 SEPTEHBER 17, 1996 MARK JANTE 33'1 fORT STREET SIIIPPENSBURG PA 17257 '1b235842ooo11bb 001 0'l/1o/1'1'1b 1718'11'18 05/14/1'158 The effe~tive date of suspension is 10/22/1996, 12101 .,.. Dear Hotorist: As a result of your ~onvi~tion on 08/14/1996 of violating Se~tion 13A31 of the Vehi~le.Code. POSSESSION OF HARIJUANA on 06/18/1996, your driving privilege is being SUSPENDED for a period of 6 HONTHlS) as mandated by Se~tion 1532C of the Vehi~le Code. In order to ~omply with this san~tion you are required to return any ~urrent driver's li~ense, learner's permit and/or temporary driver's li~ense (~amera ~ard) in your possession no later than the effe~tive date listed. If you ~annot ~om- ply with the requirements stated above. YOU are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the san~tion against your driving privilege. Failure to ~omply with this noti~e shall result in this Bu- reau referring this matter to the Pennsylvania State Poli~e for prose~ution under SECTION 1571(a)(4) of the Vehi~le Code. Although the law mandate$ that your driving ~rlvll.9. Is un- der suspension even if you do not surrender your license. Credit wi 11 not begin unt 11 all current oJr her's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. PleaSe see the enclosed .PPlication for restor.tion fee in- form.tion. . 962358420001166 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (SEPTEHBER 17, 1996) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction, You must follow the instructions listed below according to your individual situ- ation: 1. PENNSYLVANIA RESIOENT It you ~I* a resident of Pennsylvania, you must file an appeal with the Court of Com- mon Pleas in the County of your residence. Sending a COpy of the appeal which you filed with the Court, to the Depart- ment, will postpone the Depart.ent's action pending a final decision by the Court if the appeal was filed within the re- quired 30 days. However, if your privilege to operate a commercial motor vehicle has been DISQUALIFIED, a signed supersedeas by the judge must accompany your appeal, 2. NON-RESIDENT - If you are not a resident of Pennsylvania, you must file an appeal with the Court of Co.. on Pleas in the Pennsylvania County where the violation occurred. Sending a copy of the appeal which you filed with the Court, to the Department, will postpone the Depart.ent's action pending a final decision by the Court if the appeal was filed within the required 30 days. .. THE APPEAL MUST BE SENT BY CE~TIFIID MAIL TOI PENNSYLVANIA DEPA~TMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL ROOM 103, TRANSPORTATION I SAFETY BUILDING HAR~ISBURG. PA. 17120 Sincerely, ~~.~ Rebecca l. Bickley, Director Bureau of Driver licensing i -, ~ ~ fit 0 . () i .- -- . ~ ~ " , ~ - , 0 l~' . - . " - 0' ~ , . ~ ! , .' -. liS ~ 'If " -- ~ ~ ~ r:i.. -