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Home My WebLink About02-5247TIFANY B. FIELDS Pe~oner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : LICENSE SUSPENSION APPEAL (FROM : IMPOSITION OF THE INTERLOCK : REQUIREMENTAND THE IMPOSITION OF : AN ADDITIONAL YEAR OF SUSPENSION : FOR FAILURE TO COMPLY) LICENSE SUSPENSION APPEAl AND NOW, comes Pe~oner, Tn'any B. Fields, by and through her attorneys, Mancke, Wagner & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Tifany B. Fields, is a Pennsylvania licensed driver with a residence address of 3445 Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Deparlment of Transporta~n, Bureau of Ddver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Pe~oner received a nolJce of license suspension by way of letter dated October 8, 2002 from the Department of Transporta~on indicating, in perlJnent part, 'Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving prk, flege ~llremain suspended for an additionalyear. You willreceive more information regarding this requirement approximately 30 days before your eligibilily date." Said no§ce is attached hereto as Exhibit and incorporated herein by reference. the ignition interlock systems have been installed before PennDOT will !einstate the operating privilege which necessarily requires the court to investigate whether or not the devices have been installed without procedural due process. See Commonwealth v. Mockaitis, 54 D&C 4th 155 (Cumb. 2001). (g) The provisions of Act 63 violate due process because PennDOT has no authority or jurisdiction over vehicles owned by a motorist but not registered and not operated on a public highway. (h) The provisions of Act 63 violate due process because the statute is vague in failing to define ownership and is overbroad because, by its reach, it punishes constitutionally protected activity, i.e. ownership of a ?on-registered vehicle maintained and/or used solely on private property m violation of Petitioner's rights under Article, I, {}9 of the Pennsylvania Constitution and the 5th Amendment of the Unites Stales Constitution. (i) PennDOT has waived any perceived authorization to have the ignilJon interlock requirements and/or extend the license suspension by its failure to file an appeal, within 30 days of notice of the court's failure to impose such requirements on the Petitioner. 5. Petitioner requests the court take judicial notice of Senate Bill 849 and all of its prior forms prior to becoming Act 63 of 2000 including the legislative summary obtained from the Pennsylvania State website, www.legis.state.pa.us, in chronological order beginning with the summary and printer numbers 952, 1225, 1814, 1918, 2038, and 2059. WHEREFORE, Petitioner prays that this Court declare that the portion of the Departmenfs notice of October 8, 2002 which reads: "Before your driving privilege can be restored you are required by law to have all vehicle(s) owned byyou to be equipped with an Ign'fgon Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain COMMONWEALTH DF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Nail Date: OCTOBER OB, 2002 TIFANY B FIELDS WID · 022746102394467 Ogl 3445 SPRING RD PROCESSING DATE 10/01/2002 DRIVER LICENSE ~ 2432q466 CARLISLE PA 17013 DATE OF BIRTH 04/27/lq75 Dear MS. FIELDS: LICENSE IN BUREAU Th~s ~s on Offi=lml Notlee o~ the Sumaeneion of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 07/02/2002 conviction of violating Section 3751 of the Vehicle Code DRZVING UNDER INFLUENCE on 12/26/2001: Your driving arty/logo is SUSPENDED fOP a pooled YEAR(S) effective 09/24/2002 et 12:0~ a.m. WARNING: )f you are convicted of driving while your i l~cense is suspended/revoked the penalties wil~ be a { MINIMUM of g~ days ~mpri~onment AND a ¢1,000 fine AND I ~our driving Privilege will be suspended/revoked for I : M~NIMU~ i ~ear p~'iod ~ Before PennDOT can restore your driving ~rtvilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENS~ON~ PAYING THE RESTORATION FEE and PROVID~N~ carefully. Even i~ you have eePved all the time on the suspenaion/pevocatton, we cannot remtore ~our delving privilege until oll the requirements ere satlafled. ~LEASE REOU[REMENT CACT151) The Court of CUMBERLAND 2002 has sentenced vic~lation. Pursuant Cocle, you will suspension/revocation CTY, Court Number 575, Court Term You to serve a prison term for this to Section 15qlia.1) of the Vehicle not receive credit for this or any additional suspension/revocation untll you complete your prison term. The Court must certify your completion to PennDOT. You may wi~h to contact your orobation officer end/or the Court after your release to make aura that PennDOT is properly notified. COURT ORDER TREATMENT PROGRAM [ACT 122) Pursuant to Section 15qB(d) of the Vehicle Code, the Court of CUMBERLAND CTY , Court Number 575, Court Term 2002 has ordered ~ou to attend a treatment program for alcohol or drug addiction. As · result of the court order, this eurlpension/revocation shell remain in effect until the Del)artment is notified by the above Court that you have su~Jcessfully completed treatment and you are otherwise eltgtble for restoration of your driving privilege. PA. N~H[ RESTORATION F~E You must pay · restoration fee to PennOOT to be restored from e suspension/revocation of Your driving Privilege. To Pay Your restoration fee, complete the following steps~ 1. Return the enclosed Application for Restoration. The amount due is listed on the aoplicetio,. 2. ~rite Your driver's license number (li~ted on the first pearl on the check or money order to ensure prooer credit. $. Follow the payment and mailing instructions on the back of the a~plication. ~GNI__TION INTERL~K Before your driving orivilege can be restored You ere required by l~aw to have ell vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply' with this reouirament, your driving privilege will remain suspended for an additional Year. You will receive more information regarding this requirement aporoximately 50 days before your eligibility date. Z~DoPtent: Please make SUre that PennDOT Is notif~od if; w:u move f~om ~our CUrrent address. You may not~fy Pt~tn[)~T elf ~Ou~ address change by calling an~ of the =hon,~ HH~b~r.s 11sted at the end of thi~ letter*. YOu have the right to a~Pea! this action to the C:OL, rt COmmon Pleas ~Civi~ Division) Within 30 days of tho date, OCTOBER 08, 8002, of thls letter. Z~ You YOur appea! to be va/Id, You must send this t~m~.~:;tam;::ed certified copy of the aPOeal by Certified mai! to~ Pennsylvania DePartment of TransoortatJan Off]cs o~ Chief CounseZ Third r/aOr, R~verfront Off,ce Center HarrJsOurg, PA 17204-2516 Remember, th~:; ~s an O~ZCZAL NOTZcE OF SUSPENSZoN. S~ncere~y, Rebecca L, a2ckZey, Bureau of Or~ver ~N STATE ~~9~0 01-800~ OUT-OF-STATE 717-SgZ-6Z90 TOD OUT_oF.STATE HEB SZTE ADDREss www'dot.state.pa.us TIFANY B. FIELDS Pe~tioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA IMPOSITION OF THE INTERLOCK : REQUIREMENT AND THE IMPOSITION OF : AN ADDITIONAL Y~R OF SUSPENSION : FOR FAILURE TO COMPLY) AND NOW, this ~ day of~ 2002, upon Petil~on of Tifany B. Fields, a headng is set on the License Suspension Appeal for the Z?~ _ day of in Courtroom No. _~ , Cumberland County Courthouse, Carlisle, Pennsylvania.-' ~3602 at ~L~__~.m. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transporta~on at least sixty ('60) days prior to the date of said hearing. OCT a zz0 . BY THE COURT: Disk/bu~on: _~,,~ Pmthonotary's O~ce Office of Chief Counsel, PennDOT 1101 S. Front St., Harrisburg, PA 17104-2516 John B. Mancke, Esquire 2233 N. Front St., Harrisburg, PA 17110 ,//. ,.-/. o.,2_, TIFANY B. FIELDS Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent · IN THE COURT ? COMMON PLEAS · CUMBERLAND i,,OUNTY, PENNSYLVANIA · NO. 02-5247 CMl · LICENSE SUSPENSION APPEAL (FROM IMPOSITION OF THE INTERLOCK REQUIREMENT AND THE IMPOSITION OF AN ADDITIONAL YEAR OF SUSPENSION . FOR FAILURE'TO COMPLY) ORDER AND NOW, this ~ day of to the ~ day of County Courthouse, Carlisle, Pennsylvania. ., 2003, the above-captioned case is continued _, 2003 at ~m. in Cou~oom No. __~ Cumberland BY THE COURT: Distribution: rf~ithonotary's Office ce of Chief Counsel, Penn Dot 1101 S. Front S~'eet, Harrisburg, PA 17104-2516 v/John B. Mancke, Esq. 2233 N. Front S~'eet, Harrisburg, PA 17110 Oi-I&-O TIFANY B. FIELDS, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5247 CIVIL TERM LICENSE SUSPENSION APPEAL (FROM IMPOSITION OF THE INTERLOCK REQUIREMENT AND THE IMPOSITION OF AN ADDITIONAL YEAR OF SUSPENSION FOR FAILURE TO COMPLY) IN RE: HEARING CONTINUED QRDER OF COURT AND NOW, this 4th day of April, 2003, on request of the Petitioner, hearing herein is continued generally. The matter to be relisted at the request of either party. By the Court, John B. Mancke, Esquire 2233 N. Front Street Harrisburg, PA 17110 For the Petitioner K ' ' A Hess, J. George Kabusk, Esquire Office of Chief Counsel, PennDOT 1101 S. Front Street Harrisburg, PA 17104-2516 For the Respondent :mae TIFANY B. FIELDS, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-52,47 LICENSE SUSPENSION APPEAL ORDER AND NOW, this' t>~ ' day of ~Jo~t.~,~ ,2003, the appeal filed in the above referenced matter is DENIED in part and REMANDED in part. The petitioner's appeal is DENIED regarding the one year suspension imposed under 75 Pa. C.S. 1532(b) as a consequence of the petitioner's ~conviction on July 2, 2002, for a violation of 75 Pa.C.S. 3731 (a) on December 26, 2001. The petitioner's appeal is REMANDED to the Department and the Depath~ent shall CORRECT TIlE RECORD AND RESCIND TIlE REQUIREMENT TIlAT TIlE PETITIONER COMPLY 1¥ITIt TIlE REQUIREMENTS OF TItE IGNITION INTERLOCK LAW, 42 Pa. C.S. 7001-7003, that the Department imposed without a court order as a condition to the restoration of the petitioner's driving privilege as a result of the petitioner's violation of Section 3731 of the Vehicle Code, violation date December 26, 2001. The Department represents that the petitioner is due credit for the one year suspension from September 24, 2002, to October 29, 2002. BY THE COURT ~eorge H. Kabusk, Esquire, PennDOT, Riverfront O ter, 1101 South Front Street, Harrisburg, PA 17104-2516 B. Mancke, Esquire, 2233 North Front SWeet, Harrisburg;, Pennsylvania 17110 VIJ',NA'IASNN~Jd 61J :11 ~g¥ 9- AON ~0