Loading...
HomeMy WebLinkAbout02-5285Joel R. Seitz, Sr., IN THE COURT OF COMMON PLEAS Appellant OF CUMBERLAND COUNTY V. Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee No.: 0,:.) Civil Term PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS Appellant herein is Joel R. Seitz, Sr., residing at and having a mailing address of 437 Mt. Rock Road, Newville, PA 17241. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania (PennDOT), having a mailing address of Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. On September 4, 2002, appellant was convicted in this Honorable Court for violating 75 Pa.C.S. §3731(a), Driving Under the Influence, and 35 P.S. §780-113(a)(31), Possession of Marijuana. 4. The Honorable Court's sentence for these violations included a prison term and a fine, but did not include a requirement to install ignition interlock devices on vehicles owned by Appellant. 5. PennDOT suspended Appellant's driving privileges for a period of 1 year pursuant to 75 Pa.C.S. §1532(b) for the DUI conviction and for a period of 6 months pursuant to 75 Pa.C.S. §1532(c) for the possession of marijuana conviction. 6. As of October 16, 2002, a date for restoring Appellant's driving privileges has not been set by PennDOT. 7. By letter or notice dated October 2, 2002, PennDOT informed Appellant that they will suspend his driving privileges for one additional year if he does not install an ignition interlock device on every vehicle he owns. If Appellant does not comply, PennDOT will not restore Appellant's driving privileges until Appellant serves a one year suspension for DUI, a six month suspension for Marijuana Possession, and another one year suspension for not installing an ignition interlock device. (A copy of the letter is attached hereto and marked as Appellant's Exhibit "A"), 8. Appellant appeals only the ignition interlock requirement that PennDOT imposed unilaterally without an order to do so from this Honorable Court. Appellant complied, or will comply, with all other requirements imposed by PennDOT in order to restore his driving privileges as well as with all requirements ordered by this Honorable Court as part of his sentence. 9. 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). 10. Following the holding and reasoning of Schneider, Appellant asserts that PennDOT's imposition of ignition interlock requirements is unlawful in that it was done unilaterally without legal authority and in the absence of the imposition of those requirements by this Honorable Court. WHEREFORE, Appellant respectfully requests this matter be set down for a hearing, and PennDOT's requirement that Appellant install ignition interlock devices on his vehicles as a condition to reinstating Appellant's driving privileges be set aside. Respectfully Submitted, Date: ®L? 1 07? THE LAW FI By: PAUL B FORD ORR Q Paul Bradford Orr, Etc Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 02, 2002 JOEL ROBERT SEITZ SR WID # 022686117791206 001 437 MT ROCK ROAD PROCESSING DATE 09/25/2002 DRIVER LICENSE # 15112171 NEWVILLE PA 17241 DATE OF BIRTH 11/17/1952 Dear MR.,--SEITZ This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 09/04/2002 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 06/09/2002: ¦ Your driving privilege is SUSPENDED for a Period of 1 YEAR(S) effective 09/05/2002 at 12:01 a.m. I WARNING: If you are convicted of driving while your I license is suspended/revoked the penalties will be a I MINIMUM of 90 days imprisonment AND a $1,000 fine AND I I Your driving privilege will be suspended/revoked for a MINIMUM 1 year period This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession IMMEDIATELY. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, You may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. Passport, marriage certificate, etc.) in order to obtain your photo identification card. ?P? lantS 022686117791206 COURT ORDER TREATMENT PROGRAM (ACT 122) Pursuant to Section 1548(d) of the Vehicle Code, the Court of CUMBERLAND CTY , Court Number 1834, Court Term 2002 has ordered you to attend a treatment program for alcohol or drug addiction. As a result of the court order, this suspension/revocation shall remain in effect until the De- partment is notified by the above Court that you have suc- cessfully completed treatment and you are otherwise eligible for restoration of your driving privilege. IGNITION INTERLOCK Before your driving privilege can be restored you are re- quired 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 privilege will remain suspended for an additional year. You will re- ceive more information regarding this requirement approxi- mately 30 days before your eligibility date. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Important: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 02, 2002, of this letter. If you file an ap- peal in the County Court, the Court will give you a time- stamped certified Copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 022686117791206 You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nota- rized letter stating you are aware of the suspension of Your driving privilege. You must specify in your letter why you are unable--to return__youur driver Is__J_ic-®Ace. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), camera card(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit be- gins. If you do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license Pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 1834, Court Term 2002 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 1541(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete Your prison term and you have complied with the requirements listed in this letter. The Court must certify your com- pletion to PennDOT. You may wish to contact your probation officer and/or the court after your release to make sure that PennDOT is properly notified. 022686117791206 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. Sincerely, Rebecca L. BizkleYirector Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 .m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dot.state.pa.us Joel R. Seitz, Sr., IN THE COURT OF COMMON PLEAS Appellant OF CUMBERLAND COUNTY V. No.: Civil Term Commonwealth of PA, 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, THE Lj V 0FfIVES OF-RNiWI?ADFORD ORR Date: ' V ©7 By Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellant Supreme Court ID# 71786 Joel R. Seitz, Sr., Appellant V. Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a true copy of a Petition for Appeal from Imposition of Ignition 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: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Fl^burg, PA 17104-25kfn Date: ?? ? U `? By_ Paul Bradford Orr, Esquire Attorney for Appellant Supreme Court 1D# 71786 C) r i Q ? ? CJ p W Ll\ J C U 1 IN THE COURT OF COMMON PLEAS ov O r?u? Joel R. Seitz, Sr., OF CUMBERLAND Appellant ' No.: evil Term v. 8s Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee ORDER 2002, upon consideration of Appellant's AND NOW, this /, _ day of ND v'. _AL 07 101 appeal, a hearing shall be held on the day ofL 200, at 0 00 o'clock M. in Courtroom Number .. Cumberland County Courthouse, Carlisle, Pennsylvania. iBY ,./4aul 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 ?g rris-oa JOEL R. SEITZ, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA VS. No.02-5285 Civil Term COMMONWEALTH OF PENNSYLVANIA, DEPT. OF : LICENSE SUSPENSION APPEAL TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee MOTION TO CONTINUE 1. On October 31, 2002, the Appellant filed his Petition: for Appeal from Imposition of Ignition Interlock Requirements. 2. On November 12, 2002, this Court set a hearing date for January 13, 2003, at 9:00 a.m. before the Honorable Edward E. Guido. 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. of Pa... 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 for a period of six (6) months, or 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 six (6) month continuance to a time and date suitable to all parties. Date: Q Z5 QZ Attorney for Appellant 50 East High Street Carlisle, PA 1701:3 (717) 258-8558 Supreme Court I.D. No. 71786 -2- („? ^'9 +..r.'? i - ? _ t ? °_ .?7 ? r ? , . 4.. ? / .? \? .7?.1 ?` . ?i L? - , ?? ? r.? ? ?? c JOEL R. SEITZ, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.02-5285 Civil Term LICENSE SUSPENSION APPEAL MOTION TO CONTINUE 1. On October 31, 2002, the Appellant filed his Petition for Appeal from Imposition of Ignition Interlock Requirements. 2. On November 12, 2002, this Court set a hearing date for January 13, 2003, at 9:00 a.m. before the Honorable Edward E. Guido. 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 of Pa Dept of Transn. 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 for a period of six (6) months, or 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 six (6) month continuance to a time and date suitable to all parties. Date: 12 Za QZ -2- Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. No. 71786 w IN S.? DEC $?L002 a JOEL R. SEITZ, SR. Appellant vs. COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5285 Civil Term LICENSE SUSPENSION APPEAL ORDER OF COURT day of , 20Q3 upon agreement of AND NOW, this counsel, the within license suspension appeal hearing, IS CONTINUED GENERALLY. The case is to be relisted by any party when ready. 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, PA 17013 I- V3 (Jt.3 Edward E. Guido, J. A VINI-VAIAS1NN3d Z; ?, ?;-? hr JOEL R. SEITZ, SR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-5285 COMMONWEALTH F PENNSYLVANIA, LICENSE SUSPENSION APPEAL DEPARTMENT OF T NSPORTATION, BUREAU OF DRIVE LICENSING, ESPONDENT ORDER AND NOW, thi day of a;LTf^ 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 September 4, 2002, for a violation of 75 Pa.C.S. 3731(a) on June 9, 2002. The Department has represented that the petitioner is due credit or the one year suspension from June 16, 2003. The petitioner' appeal is REMANDED to the Department and the Department shall CORRECT THE RE ORD AND RESCIND THE REQUIREMENT THAT THE PETITIONER COM LY WITH THE REQUIREMENTS OF THE IGNITION INTERLOCK LAW 42 Pa. C.S. 7001-7003, that the Department imposed without a court order as a condition t the restoration of the petitioner's driving privilege as a result of the petitioner's violation f Section 3731 of the Vehicle Code, violation date November 18, 2001. DISTRIBUTION: eorge H. Kabusk, E Harrisburg, P. ? Paul B. Orr, Esquire, 1o,a? PennDOT, Riverfront Office Center, 1101 South Front Street, 17104-2516 ) East High Street, Carlisle, Pennsylvania, 17013 J. ALWOO tr , wn l0 : Nd 8Z 1?t1 CO .lF?b1G 1±G . -10 t„ y1 Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor e)Z - CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573