HomeMy WebLinkAbout00-02146
o
~
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION, :
Respondent :.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
, .
JOHN ANDREW VOGELSANG,
Petitioner
00-2146 CIVIL TERM
IN RE: MATTER TAKEN UNDER ADVISEMENT
ORDER OF COURT
AND NOW, this 26th day of June, 2000, upon
consideration of Appellant's Petition for Appeal from Order of
Department of Transportation Suspending Operator's License, and
following a hearing at which it was indicated that the two
issues for determination by the Court are (1) whether the recent
amendment to the Vehicle Code regarding substantially similar
offenses for purposes of suspension of licenses has the effect
of rendering the New York statute respecting Driving While
Ability Impaired (DWAI) substantially similar to the
Pennsylvania Driving under the Influence statute and (2) whether
the said amendment was an unlawful unilateral change in the
compact, the record is declared closed, and the matter is taken
under advisement.
Briefs are requested from counsel on these
issues within thirty days of today's date.
The stenographer is requested to prepare and
file a transcript
proceeding .~
-~~
l~ ~,OO
\i \*'~
of the notes of testimony of today's
By the Court,
[iL
J. Wesley 01
George Kabusk, Esquire
Attorney for Respondent/Appellee
srs
Paul Bradford Orr, Esquire
Attorney for Petitioner/Appellant
'_J,"=<<
!D.
"
II
~
I
I
II
II
I"
, .
. ~'- '" ,'.
(j
I
VlNV/ilASNN3d
JJNnOO aN't'1838~-'K10
SS :t ~d LZ llilr 00
AW.lONOI-"("l',j' ::.'." .'(j'
. !'..L!....,'-., ."J.;..,-,
301:1:!o-ml!::J
,'.,,'-.," ..,
..,
'T"lil
tl~~.
~~.
" 7:",,~1I, ""'~""","""."',"~-q,-~,_ .7~'
,~~1!1If"~Iii'!:lj~I~IJI,....,,_~~~ ~'''T_~C'_lI!IQI~llnQl~ ,"", ~,~~
I
o
o
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
/
/
JOHN ANDREW VOGELSANG,
petitioner
00-2146 CIVIL TERM
TRANSCRIPT OF PROCEEDINGS
IN RE: LICENSE SUSPENSION APPEAL
Proceedings held before the
HONORABLE J. WESLEY OLER, JR., J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Monday, June 26, 2000
in Courtroom No. 1
APPEARANCES:
GEORGE KABUSK, Esquire
Attorney for Respondent/Appellee
PAUL BRADFORD ORR, Esquire
Attorney for Petitioner/Appellant
1
1(,
"
~
~.~, ""-,~' -
,~
I
I
'.'1
,
,~
,-~" c" ,'<' "
Y",' 1-
- ; '1'_ :0 _ h -'", , c. _ .' ',_ ~ -, -, -
(:J
\f]lW/\lASNN3d
AiNnoo G!\rilll:i38lAl110
Ie :8 Hlt 62 Nnr 00
J u\" If',. !,'" , I"~ ..." ,"~; ~0
r.ovJ.V! \'\...II'..(.\~/~.rc., ,..;i..t _h.
jJUdO-Cl.:f"iI:l
~- .~ -~
_, _r., ~, _ _M ,., ".--, " ,.J. t,
.,.,J!III
,',"h'M"'- H"
(j
-~q"",:",
!]Jll~~llW<'l1<!_ _ '_
1
liIIl"
""1III1rl
._~~ . ",,,4,
n~nrn_Wl~Mf!"'__,
o
INDEX TO EXHIBITS
COMMONWEALTH'S EXHIBIT NO.
1 - Packet of Documents
containing three subexhibits
2
I.
1'2-.
<0
MARKED
3
p..,.
ADMITTED
6
o
o
1 (Commonwealth's Exhibit No.1 was marked for
2 identification.)
3
THE COURT: This is the time and place for a
4 hearing on a license suspension appeal in the case of
5 Commonwealth of Pennsylvania, Department of Transportation,
6 v. John Andrew Vogelsang. We will let the record indicate
7 that the Petitioner/Appellant is present in court with his
8 counsel, Paul Bradford Orr, Esquire, and the Commonwealth is
9 represented today by George Kabusk, Esquire. Mr. Kabusk.
10 MR. KABUSK: Good afternoon, Your Honor.
11 What's been marked as Commonwealth's Exhibit No.1, which is
12 under eeal and certification, and I have provided a copy to
13 Mr. Orr, consists of three subexhibits.
14 Subexhibit No. 1 is official notice of
15 suspeneion, dated and mailed 3/10 of 2000, effective 4/14 of
16 2000. That notice, dated March 10th of 2000, to John Andrew
17 Vogelsang, Operator's No. 21025B05, informs the motorist that
18 Section 1581 of the Vehicle Code requires the Department to
19 treat certain out-of-state convictions as though they had
20 occurred in Pennsylvania. Therefore, as a result of the
21 Department receiving notification from New York of his
22 conviction on 1/14 of 2000 of an offense which occurred on
23 1/2 of 2000, which is equivalent to a violation of Section
24 3731 of the Pennsylvania Vehicle Code, Driving Under the
25 Influence, his driving privilege was being suspended for a
3
13,
,..
I" - I'
, ,
o
o
1 period of one year as mandated by Section 1532(b) of the
2 Vehicle Code.
3 Subexhibit 2 is Record of Conviction Detail,
4 out-of-state driver violations report received from the
5 licensing authority of the State of New York, operating under
6 the influence of liquor or drugs, date of violation 1/2 of
7 2000, and date of conviction 1/14 of 2000. You will note on
8 Subexhibit 2 that Mr. Volgelsang's name is the last entry on
9 that page.
10 Subexhibit 3 is driving record, which
11 appears in the file of the Defendant, John Andrew Vogelsang,
12 Operator's No. 21025805, date of birth 10/27/65, in the
13 Bureau of Driver Licensing, Harrisburg, Pennsylvania.
14 I move for the admission of what's been
15 marked Commonwealth's Exhibit No.1.
16 THE COURT: Mr. Orr?
17 MR. ORR: Your Honor, we do object to
18 Subexhibit 2, the out-of-state record from New York, based on
19 a variety of items that are not there as required under
20 Article III of the Compact; that, namely, one being the
21 section specifically which was violated of New York law.
22 Now, admittedly, I guess, there was some
23 other amendment made after that that contradicts Article III.
24 We have contradictory legislation before Your Honor. I
25 believe Section 1584 says that the Department does not have
4
I~
~v
~
r-,
o
o
1 to receive all of these things that are listed in Article
2 III. I think that's contradictory in and of itself, that in
3 one article it said you're supposed to comply with A, B, C,
4 D, and then subsequent legislation says you don't have to
5 comply with A, B, C, D. Namely, again, one of the important
6 things I would submit is that we know what the section of New
7 York law is that was violated.
8
THE COURT: Doesn't the Defendant know that?
9 He must know what he pled to.
10 MR. ORR: But the document that's admitted
11 to Your Honor under Article III of the Compact requires
12 certain things to be listed, and they're simply not listed on
13 this brief four or five line computer-generated printout
14 that's not sealed or otherwise from the State of New York.
15 We'd object to that just on the record, Your Honor.
16
THE COURT: Well, now, your petition for
17 appeal lists the statute. Is that something different from
18 what Mr. Kabusk's records show?
19 MR. ORR: Attorney Kabusk's exhibit simply
20 says Driving While Impaired. I'd submit that the Compact
21 requires it to have more information than that. We received
22 our information. I don't know that that's particular to that
23 applicable exhibit.
24 THE COURT: What is the McKinney's Vehicle
25 and Traffic Law section cited? Is that the Driving While
5
~
- ~.~
o
o
1 Impaired section, or is that another section? That's on Page
2 2 of your petition.
3
MR. ORR: The section that's cited there,
4 Your Honor, when you're looking at (a) (2) -- I'm sorry, when
5 you're looking at Sections 1 through 3, Section 1 of that --
6 1192, Subsection 1, I believe is what he entered a plea to.
7 THE COURT: I see. Mr. Kabusk, do you have
8 a response to that objection?
9 MR. KABUSK: Your Honor, I would direct your
10 attention to Section 6103 and Section 6104 of the Judicial
11 Code, which provides that the Department's documents are
12 admissible. Additionally, Section 1516 and Section 1550 of
13 the Vehicle Code provide that the Department's documents are
14 admissible and constitute prima facie proof of those facts
15 and the information contained in the certification. Mr. Orr
16 seems to be making a substantive argument regarding Section
17 1584. I'm just requesting that the Department's documents be
18 admitted. I would cite those sections which go to the
19 admissibility of these documents.
20 THE COURT: Commonwealth's Exhibit 1 is
21 admitted.
22 (Commonwealth's Exhibit No.1 was admitted.)
23 THE COURT: Mr. Orr.
24 MR. ORR: Well, Your Honor, I don't know
25 that we're going to put on any testimony. I would like to
6
~
,-I
o
o
1 put some arguments before Your Honor as far as the DWAI
2 charge in New York versus the DUI charge and subsequent
3 convictions in Pennsylvania. The Pennsylvania Statute, under
4 1586, Section 1586 of the Vehicle Code, which is an amendment
5 to the Driver's License Compact, I would still submit it
6 contradicts itself within the language of that section where
7 it talks about the crime having to be substantially similar
8 to Section 3731 of Pennsylvania law. It goes on to say,
9 well, but it doesn't have to be substantially similar if it
10 has some type of driving, operator or being in actual
11 physical control of the vehicle.
12 The Driving While Ability Impaired statute,
13 the New York statute, doesn't require someone to be driving
14 or be in actual physical control. You could get a citation
15 for that if you're outside your vehicle, for example, or you
16 could get a citation for that if you were in a parking lot,
17 unlike our 3731 that requires substantially more elements be
18 met, substantially more actual physical control than the
19 Driving While Ability Impaired statute of New York requires.
20 Further, the penalties are substantially
21 different, penalties that you'll receive in New York versus
22 the penalties you'll receive in Pennsylvania. There's no
23 jail time in New York. There's no year loss of license.
24 There's no prohibition of driving. You can get a conditional
25 license in New York and continue 'to drive after this type of
7
It.
i~
I'
o
^,.,'.
~
1 conviction, unlike Pennsylvania.
2 I would just make the legal argument to Your
3 Honor and ask to brief it that it is not a substantially
4 similar offense, and that Section 1586 does contradict itself
5 within itself, and ask to have the opportunity to provide you
6 with Petitioner's brief that you' could look on prior to
7 rendering some type of opinion.
8
THE COURT: Okay. The Court did meet in
9 chambers with counsel before this proceeding. As I recall,
10 Mr. Orr, you also had a second argument which had to do with
11 the amendment of the Compact.
12
MR. ORR: Thank you, Your Honor. I
13 apologize. The Petitioner's second argument would, in fact,
14 be that under the Compact there are requirements that it be
15 enacted by by all of the states. The initial Compact was
16 paseed by all the states that entered into the Compact. Now
17 Pennsylvania wants to go back and amend the Compact, and I
18 would submit that there's a contract issue as to whether they
19 can unilaterally amend the Driver's License Compact where
20 maybe the other states, the other parties to the contract,
21 have not, in fact, passed it. Further, I believe there's
22 provisions that require some administrator to review and
23 formally approve -- and I don't believe that that's been met
24 either -- and would like to have that issue on the record as
25 to whether it's a valid amendment and whether it's a valid
8
I~
~,
'r-
-
o
A
V
1 section of the statute, as far as that goes.
2
THE COURT: I'm not familiar with the
3 administrator issue. I have no idea what that is about. Is
4 that really encompassed in your petition?
5
MR. ORR: Well, if you go to -- Article VII
6 of the Compact is where I was reviewing that. It just talks
7 about the administrator has this power to enact either
8 power to formulate all necessary and proper procedures. I'd
9 submit if there's an amendment made that it has to go through
10 the process where all of the different states review the
11 amendment that Pennsylvania made to the Compact.
12
THE COURT: So you're simply going back to
13 the second argument, that the amendment to the Compact cannot
14 be unilateral on the part of the state?
15
MR. ORR: That's correct.
16
THE COURT: Mr. Kabusk, do you want to
17 respond to that?
18
MR. KABUSK: Yes, Your Honor. Regarding the
19 issue regarding the reporting requirements, I would point
20 your attention to Section 1584 of the Vehicle Code relating
21 to furnishing of the information to other states. Act 151
22 added the second sentence to that. It states, the omission
23 from any report received by the Department from a party state
24 of any information required by Article III of the Compact
25 shall not excuse or prevent the Department from complying
9
~
~
o
o
1 with its duties under Article IV and V of the Compact.
2 Second, regarding the not substantially
3 similar argument, I would point your attention to Section
4 1586 of the Vehicle Code. Act 151 amended the Vehicle Code
5 by adding Section 1586. Act 151 was effective December 21st
6 of 1998. In this matter, the violation date was after the
7 effective date of Act 151, violation date January 2nd of
8 2000, conviction date January 14th of 2000.
9 Section 1586, I would argue, goes to the
10 substantially similar argument. I would point your attention
11 to the second sentence, which states that the fact that the
12 offense reported to the Department by a party state may
13 require a different degree of impairment of a person's
14 ability to operate driver control of the vehicle than that
15 required to support a conviction for a violation of Section
16 3731 shall not be a basis for determining that the party
17 state's offense is not substantially similar to Section 3731
18 for purposes of Article IV of the Compact.
19 I acknowledge that the Petrovick case is out
20 there, but Section 1586 was not effective, and the Court did
21 not apply that in that case. Regarding the contractual
22 principles, I would argue that the Department is not changing
23 the Compact. I would point you to Article VI, which I would
24 argue provides that the Department may enact laws relating to
25 the Compact. Also, there is a case out of Warren County
10
J.:.e .
-,
" 1_".
o
o
1 where the judge up there, Judge Millin, examined the contract
2 issue, which I believe is the same one as Mr. Orr, and he
3 determined that the additions to Section 1584 and 1586 to the
4 Vehicle Code were not in contradiction to the terms of the
5 compact, as they were an approbation, not reprobation, of the
6 compact. That would be Jaggi v. Commonwealth of
7 Pennsylvania, 195 of 1999, Warren County. I apologize. I
8 don't have a copy of that for you, but I can certainly get
9 one in the mail to you.
10 THE COURT: What was the name of that case?
11 MR. KABUSK: J-a-g-g-i. I will provide both
12 you and Mr. Orr with a copy of that.
13
14 what?
15
16
17
THE COURT: The cite from Warren County was
MR. KABUSK: 195 of 1995.
THE COURT: That's the docket number, is
that right?
18
19
20
21
22
23
24
MR. KABUSK: Yes. I just have a copy of the
opinion.
THE COURT: I see. What was the date of the
opinion?
MR. KABUSK: I don't have a copy with me.
THE COURT: All right.
MR. KABUSK: I usually do, and I don't
25 today. I have to apologize.
11
~l
-
. ,
.--
..1 ?
o
o
1 THE COURT: Okay. That's fine. We'll enter
2 this Order, unless there's anything else to be said at this
3 time.
4
MR. KABUSK: No.
5 (The following Order was entered by the
6 Court: )
7 "AND NOW, this 26th day of June, 2000, upon
8 consideration of Appellant's Petition for Appeal from Order
9 of Department of Transportation Suspending Operator's
10 License, and following a hearing at which it was indicated
11 that the two issues for determination by the Court are (1)
12 whether the recent amendment to the Vehicle Code regarding
13 substantially similar offenses for purposes of suspension of
14 licenses has the effect of rendering the New York statute
15 respecting Driving While Ability Impaired (DWAI)
16 substantially similar to the pennsylvania Driving Under the
17 Influence statute and (2) whether the said amendment was an
18 unlawful unilateral change in the compact, the record is
19 declared closed, and the matter is taken under advisement.
20 "Briefs are requested from counsel on these
21 issues within thirty days of today's date.
22 "The stenographer is requested to prepare
23 and file a transcript of the notes of testimony of today's
24
25
proceeding."
(The proceeding was concluded.)
12
~
. < . ~
,
"
o
\0
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
/~ 72~ ~
/
Susan Rice Stoner
Official Stenographer
-----------------------
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
J' UlJ) c... 2.3 20 f) CJ
I
Date
13
J,J,
~"
. ,.
"
II
~
o
Q
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JOHN ANDREW
VOGELSANG
NO. 00-2146 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of August, 2000, after careful consideration of
Appellant's Petition for Appeal from Order of Department of Transportation Suspending
Operator's License, and following a hearing held on June 26, 2000, Appellant's petition
is denied and the suspension of Appellant's operating privileges by notice dated March
10, 2000, is affirmed.
BY THE COURT,
fA
George Kabusk, Esq.
Department of Transportation
Office of Chief Counsel
3'd Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
esley Oler,
Paul B. Orr, Esq.
50 East High Street
Carlisle, PA 17013
~'(S ~lbL i}t/co
~
:rc
c2f
:jl ~
,,~ ,
. _f_,' -- ~, "',' ,.
-~, , ,
~
;1
, ~
~."\
i'~iiipJ)
I~,~ I
~,
~"='''~r
'.
"~ _.~ 'h'_~
,"".
r ' _'~
,.."I
;\1.
\-!~\\\-!.Cl! ~!\\\\I:~c\
1/'1'," \ .r\'.:_ , '--' ~
"...,'
':',\?"
: \ . 1 : )' ~ I '
" .- ,:J, d ~j
;',1
..,
,_~';,,'~ ~" ""1:., ~~~I~~)Jij~!i'ljlij!j"",,~~..AI~'llJI.IlII!iIJlllll!il~"""~~
1'1
o
"
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Respondent
v.
: CIVIL ACTION - LAW
: 00-2146 CIVIL TERM
JOHN ANDREW VOGELSANG,
Petitioner.
NOTICE OF APPEAL
1. NOTICE IS HEREBY given that John Andrew Vogelsang, Petitioner above
named, hereby appeals to the Commonwealth Court of Pennsylvania from the ORDER OF
COURT entered in this matter on August 3, 2000 by the Honorable 1. Wesley Oler.
2. This order has been entered in the docket as evidenced by the attached copy of the
docket entry.
Paul Bradford Orr, Esquire
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court I.D. 71786
Counsel for Appellant
U U--(/ 0
0/0
\\)/~
JOI
",-<" _,~,_ ,"",~'",~ '_', 0-';,- ,'_'~_' c. _,~ ,~-
PYS5,10
2000-02146
cumbe~nd County Prothonotary's ~"fice
, Civil Case .Inguiry iJ..)
PENNSYLVANIA COMMONWEALTH OF (vs) VOGELSANG JOHN ANDREW
Page
1
Reference No..:
Case Type.....: APPEAL - LICENSE SUSP
Judgment......: .00
Judge Assigned:
Disposed Desc.:
~~~--------- Case Comments -~-----------
Filed........:
Time......... :
Execution Date
Jury Trial....
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
4/07/2000
3:59
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney Info
PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
RIVERTFRONT OFFICE CENTER
HARRISBURG PA 17104 2516
VOGELSANG JOHN ANDREW
44 WINCHESTER GARDENS
CARLISLE PA 17013
'APPELLEE
APPELLANT
ORR PAUL BRADFORD
********************************************************************************
* Date Entries *
********************************************************************************
4/07/2000
4/12/2000
6/27/2000
8/04/2000
- ~ - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
PETITION APPEAL FROM SUSPENSION OF DRIVERS LICENSE
ORDER OF COURT - DATED 4/11/00 - IN RE PETITION FOR APPEAL FROM
ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE
- HEARING ON 6/26/00 AT 2:45 PM CR 1 CUMBERLAND COUNTY COURTHOUSE
CARLISLE PA BY J WESLEY OLER JR J COPIES MAILED 4/12/00
-------------------------------------------------------------------
ORDER OF COURT - DATED 6/26/00 - IN RE MATTER TAKEN UNDER ADVISMENT
- STENOGRAPHER IS REQUESTED TO PREPARE AND FILE A TRANSCRIPT OF
TESTIMONY OF TODAYS PROCEEDING - BY THE COURT J WESLEY OLER JR J
COPIES MAILED 6/27/00
-------------------------------------------------------------~-----
ORDER OF COURT - DATED 8/3/00 - IN RE APPELLANTS PETITION FOR
APPEAL FROM ORDER OF DEPARTMENT OF TRANSOPORTATION SUSPENDING
OPERATORS LICENSE - HEARING HELD ON 6/26/00 PETITION DENIED- BY J
WESLEY OLER JR J COPIES MAILED 8/4/00
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - -
********************************************************************************
* Escrow Information *
* Fees & Debits Bea Ba1 Pvmts/Adi End Bal *
*****************************************~**************************************
PETITION
TAX ON PETITION
SETTLEMENT
JCP FEE
35.00 35.00
.50 .50
5.00 5.00
5.00 5.00
------------------------
45.50 45.50
.00
.00
.00
.00
------------
.00
********************************************************************************
* End of Case Information *
********************************************************************************
0--'
TRUE COpy FROM RECORD
In Testimony wnereot. I here unto sel my hano
and ttMl &ell 01 said Court at Carllsle. Pa.
~~I~ ~~ty~ o1k'~~_
4.
~
" ~
~
(')
.
o
PROOF OF SERVICE
I hereby certify that I am this day serving the foregoing NOTICE OF APPEAL upon the
persons and in the manner indicated below which service satisfies the requirements ofPa.R.A.P.
121:
Service by first class mail addressed as follows'
Department of Transportation
Office of Chief Counsel
3rd Floor, Riverfront Office Center
11 0 1 South Front Street
Harrisburg, PA 17104-2516
Service by hand-deliveJ:Y as follows'
The Honorable J. Wesley Oler
Cumberland County Courthouse
Carlisle, PA 17013
Service by hand-deliveIY as follows'
Prothonotary
Cumberland County Courthouse
Carlisle, PA 17013
Date:
Service by hand-deliveIY as follows'
Official Court Reporter
Cumberland County COUrthO~U
Carlisle, PA 17013
~~l/)o BY
Paul Bradford Orr, Es uire
J?,
-, ,.
~,-" - , . ~r '> ~' " - ~~ " ' ~<---'-'-' N", ,
~
""""
1"":, (' '1
.
\W#
0 t:) 0
Tv c::: C>
\) -0 ,- 'Tl
tt- ~ -aU) ~ '-;
.:tG nif/",- ,~;:; .,--
Z~I ::; 11
"=
eN zf ~-,) --'-J.i~n
(1),_' -t%
-.. ll.l 0 -< ~z:
I''''
c:: ~ Co ~u
c::: 0 ~(~.
~ ]>C, , , Gill
C -v
';D ~ -I
:n -,.>
.......j :n
-<
i
,I
II
,."".,-
"'-~:~~.,.~=.~~ ",~.".".,.."..'~~JI!I,L_ ",",.."1~.l""_~<_"",,=,,,IU_!!tt
C"
w
o
COMMONWEALTH OF PENNSYL VANIA : IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Respondent
v,
JOHN ANDREW VOGELSANG,
Petitioner
: CIVIL ACTION - LAW
: No. 00-2146 CIVIL TERM
ORDER OF COURT
AND NOW, this 7 ~ day of ~ fe,--L, I . 2000, upon consideration of this
Petition for Stay of Suspension, the suspension of Petitioner' s operating privileges is stayed
pending review in the Commonwealth Court and Supreme Court of Pennsylvania.
Distribution:
Department of Transportation
Office of Chief Counsel
3M Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Paul Bradford Orr, Esq.
50 East High Street
Carlisle, PA 17013
'_ii.
BY THE COURT:
~
.~
c.~C\.<6'OO
~
Ji.
~
I
1
'I
!.,,,,,,
_ ,.ff
,ll.l!.'_~")'I!I!'IiIIIlIII~
"-1 ~ ~'"
'--'
, _ViNvl\lASNN:Jd
,.\If,JI1CO r\:')'T-n;':"W~Jn, '\
'..-'-, ! \j
17U :?I ;":c.i
','",1 -~ > ,)'
, c.f'
I'
,~' ~ ,,-~"' >-~ .'.
,
x'-
. ~ ~ "~~ ~.~""~..
t....r'
. ~~)
,~.,..~ ,+~)nilt\1\nil!~llWlIim_""'rtTl.t~
~~"""'W~;~_~'''ll'~''-'M~~~')W!i\1~ilI\~~m;!ili!~~''ii~f!!<?I!~l;1t'''lMmW~I!!'!~Itl''
~
I.)
o
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Respondent
: CIVIL ACTION - LAW
v.
: No. 00-2146 CIVIL TERM
JOHN ANDREW VOGELSANG,
Petitioner
PETITION TO STAY SUSPENSION OF OPERA TOR'S LICENSE
PENDING APPEAL
TO THE HONORABLE 1. WESLEY OLER, JR., JUDGE OF SAID COURT:
1. Your Petitioner, John Andrew Vogelsang, is an individual residing at 44
Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013.
2. On or about March 13, 2000, Petitioner allegedly received a Notice from the
Pennsylvania Department of Transportation notifYing him that his present operator's license,
bearing card number 21025805, was being suspended for a period of one year effective April 14,
2000, A true and correct copy of said notice is attached hereto, made a part hereof and marked
as Exhibit "A."
3. Said suspension arises out of the Petitioner's alleged conviction of Driving While
Ability Impaired, a New York motor vehicle violation, to which Petitioner pleaded guilty on
January 14, 2000 in Elmira, New York. A true and correct copy of Petitioner' s New York
disposition is attached hereto, made a part hereof and marked as Exhibit "B."
4. Petitioner filed an Appeal from Suspension of Operator's License. A hearing on
this appeal was held before your Honorable Court on June 26, 2000. Briefs were subsequently
submitted by counsel.
Cl1,
'.'-''-_'J!'Wl
o
o
5. By ORDER OF COURT dated August 3,2000, Petitioner's Appeal was denied.
A true and correct copy of said notice is attached hereto, made a part hereof and marked as
Exhibit "C."
6. On August 31, 2000, Petitioner filed a Notice of Appeal of said ORDER OF
COURT.
7. Pursuant to Pa.R.A.P. 1732, it is request that said suspension be stayed pending
appellate review and upon timely notice to the Department of Transportation.
WHEREFORE, your Petitioner respectfully requests that the suspension of Petitioner' s
operating privileges be stayed pending review in the Commonwealth Court and Supreme Court of
Pennsylvania.
8 s( 00
DA:
Paul Bradford Orr, Esquire
Attorney for Petitioner
The Law Offices of Paul Bradford Orr
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court I.D, # 71786
80.
!".~,l!,
,.,.,
., ~ ,
"
o
o
VERIFICATION
I, the undersigned, verify that the statements made in the foregoing PETITION TO
STAY SUSPENSION OF OPERATOR'S LICENSE are true and correct to the best of my
knowledge, information and belief.
I understand that false statements made herein are subject to the penalties of 18 Pa. C.S,
Section 4904 relating to unsworn falsification to authorities.
DATE: 4 J, J ()O
.
~(~V~
John drew Vogelsang
~L
o
,0
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
MARCH 10, 2000
JOHN ANDREW VOGELSANG
44 WINCHESTER GARDENS
000636102812913 001
03/03/2000
21025805
10/21/1965
CARLISLE PA
HOB
-
Dear Motorist:
Section 1581 of the Vehicle Code requires the Department to
treat certain out of state convictions as though they had
occurred in Pennsylvania. Therefore, as a result of the
Department receiving notification from NEW YORK of your
conviction on 01/14/2000,' of an offense which occurred on
01/02/2000, which is equivalent to a violation of Section
3731 of the Pa. Vehicle ~ode, DRIVING UNDER INFLUENCE, your
driving privilege is being SUSPENDED for a period of 1
YEAR(S), as mandated by Section 1532B of the Vehicle Code.
The effect1ve date of suspens10n 1s 04/14/2000. 12:01 a.m.
In order to comply with this sanction .~ou are required to
return any current driver's license, learner's permit and/or
temporary driver's license (camera card) in your possession
no later than the effective date listed. If you cannot
comply with the requirements stated above, you are required
to submit a DL16LC Form or a sworn affidavit stating that
yOU are aware of the sanction agaSnst Your driving privi-
lege. Failure to comply with this notice shall result in
this Bureau referring this matter to the Pennsylvania State
Police for prosecution under SECTION 1571(a)(4) of the Ve-
hicle Code.
Although the law mandates that your driving privilege is
under suspension even if you do not surrender your license,
Cred1t will not begin until all current driver's license
product(s), the DL16LC Form, or a letter aCknowledging your
sanction is received in this Bureau.
WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE-
MENT, 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.
~
EXHIBIT
A r"~"
I
\ l.... OAI{S t)
6
o
,f)
. '
000636102812913
Please see the enclosed application for restoration fee in-
formation.
You will be notified of any outstanding restoration re-
quirements approximately 30 days before the eligibility date
of the restoration of your driving privilege. You must
follow those instructions very carefully in order to have
your driving privilege restored.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date of this letter, HARCH 10, 2000. If you file an appeal
in the county Court, the Court will give yOU a time-stamped
certified COpy of the appeal. Send this time-stamped cer-
tified 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
Sincerely,
~~,~
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
HarriSburg, PA 17106-8693
INFORMATION (7:00
IN STATE
OUT-OF-STATE
TDD IN STATE
TOO OUT-OF-STATE
AH TO 9:00 PH)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
B3.
EXHIBIT
Ii rq~ 2.
o
,<r)
STATE OF NEW YORK
COUNTY OF CHEMUNG:
CITY COURT
CITY OF ELMIRA
THE PEOPLE OF THE STATE OF NEW YORK,
vs.
CERTIFICATE OF
CONVICTION
JOHN A. VOGELSANG
d101b: 10/27/65
DocketNo~ 2000-31892
DEFENDANT
THIS IS TO CERTIFY that the undersigned has examined the files of the ELMIRA CITY
COURT concerning the above entitled matter against JOHN A. VOGELSANG and finds the
following:
That on the 141h day of January, 2000, appeared before the Hon. Steven W. Forrest on a
charge of two counts of Driving While Intoxicated, in violation of Section 1192, subd. 2 and 3, of
the Vehicle and Traffic Law of the State of New York..
That on the 141h day of January, 2000, defendant pled guilty to the reduced chargeofDriving
While Ability Impaired, in violation of Section 1192, subd. I, of the Vehicle and Traffic Law of the
State ofNewY ork, and was sentenced to one year Conditional Discharge, fined $400.00 and assessed
the mandatory surcharge of$25.00.
Dated: April 4, 2000
~07L~
CHIEF CLERK IDEPUTY CHIEF CLERK
EXHI81T
B
-
-
j4-
~
0_''''
()
.(f)
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JOHN ANDREW
VOGELSANG
NO. 00-2146 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of August" 2000, after careful consideration of
Appellant's Petition for Appeal from Order of Department of Transportation Suspending
Operator's License, and following a hearing held on June 26, 2000, Appellant's petition
is denied and the suspension of Appellant's operating privileges by notice dated March
1 Q, 2000, is affirmed.
>
BY THE COURT,
.~
J
George Kabusk, Esq.
Department of Transportation
Office of Chief Counsel
3rd Floor, Riverfront Office Center
1101 South Front Street
kiSburg, PA 17104-2516
aul B. Orr, Esq.
50 East High Street
Carlisle, P A 17013
:rc"
TRUe COPY FRQttr1 ,RECORD
In T~ whsreQf,'1 hefe up.!o set my hand .
~-'-~~~,"'~ 7" Po.
-.c $~. ~_.:rfJ!::;;;--:Y]reJ-
~~
-""'" """.
r'I
''tH~
,If)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Petitioner's PETITION TO STAY
SUSPENSION OF OPERATOR'S LICENSE PENDING APPEAL was served via first class
mail upon the following:
Department of Transportation
Office of Chief Counsel
3m Floor, Riverfront Office Center
11 0 1 South Front Street
Harrisburg, PA 17104-2516
DATE: q \ 00
,,;mi,..... ....
jt;;.
I
I
I
~
"'l~
_~!'><t,
,
,
-
..'IT_,-,~...~'~~!I!IlIMI!n
~ ~ , Ql~
-~,.< ~
.,-- "
<~.'P'"
o
c
:.:::
"l.1(.G
IJ; ~T
~-'~-'
tj~~:;
~c:~
2~c:
"'--c~
"'-c ..'
--c
~;
-<
--~ - --
C::J
c.::.)
:/")
ill
~ '";:J
I
()
-'11
--0
-,
t,t ~:~~
~;)
""-':J
=<
~
.-'
r~ij,iI'/lli~~ __!1%""'~N''<[1':>'''''''''~'~",,'>f''I'1'''Wl\lf'l'l'II~Jl!:lli!!~~m!iii!Iii\l\;!I'jj'iiWJ.~~KI1~1IIJ~
o
o
.
<
COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Respondent : CIVIL DMSION
v.
: CIVIL ACTION - LAW
: No.00-2146 CIVIL TERM
JOHN ANDREW VOGELSANG,
Petitioner,
SUPPLEMENT TO PETITION TO STAY SUSPENSION OF OPERATOR'S LICENSE
PENDING APPEAL
TO THE HONORABLE J. WESLEY OLER, JR. JUDGE OF SAID COURT:
1. Petitioner hereby incorporates paragraphs 1-7 in his Petition to Stay Suspension of
Operators' License Pending Appeal by reference.
2, Pursuant to Cumberland County local rule 206-2 (,c), George Kabusk, Esquire, of
:1
';1
the Office of Chief Counsel, Pennsylvania Department of Transportation, by way of telephone call
to the undersigned, does not oppose John Andrew Vogelsang's Petition.
:',
,
I
DATE
"
ii
I
.':
;;!
'1 7 DO
.oi
i;!
!.\
Paul Bradford Orr, Esquire
Attorney for Petitioner
"I'
"
i
I
"
The Law Offices of Paul Bradford Orr
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court I,D. # 71786
)
I
'I
"
,
I
:)
:1
"~I
:ij
:1
i, _~
3~.
< "-
,
~
,
.
_=w
, ~ "-". '^
r")
"""/
.
'l"~~' r
"'
--;ffl'l
i(, 1;
,'~~
"
"
'"
-".
..
- ,"">0 ,J',~,,' "","",-,~,~ ',;, ',-" -"~k;'..., -~ "do' -,'W,"" -1lf~-" -"''''''~'m'llflilf~.tlrr:tll ""',"'r~\'!~dl]
,
-u-ri':-
IT1:1-',
7~T
2:C~_
.~:
~c'
'z>(3:'
....::o:::Cl
PC
:z:
--]
-<.
o
C
7
~~
C)
U)
~Tl
-;:;
.
""_\.\l
5:
\..CJ
,:,,)
\0
"_~_~~~;Jl!If!"11~;ti'~'!lql~I'l'l!."--!<'''''~'''1I'",,,,,"~.p!~~JllI!i!!i!il!II!lI!ilItlllllm!lll_
!W1i
~ '" '" ~ -. -
,"'
':'-'~-~
\
o Q
Commonwealth Court of Pennsylvania
September 7, 2000
RE: Vogelsang v, D.O.T.
No.: 2019 CD 2000
Agency Docket Number: 00-2146
Filed Date: August 31, 2000
Notice of Docketing Appeal
A Notice of Appeal, a copy of which is enclosed, from an order of your court has been
docketed in the Commonwealth Court of Pennsylvania, The docket number in the
Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number
must be on all correspondence and documents filed with the court.
Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of
Appeal has the effect of directing the Court to transmit the certified record in the matter to
the Prothonotary of the Commonwealth Court.
The complete record, including the opinion of the trial judge, should be forwarded to the
Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal, Do
not transmit a partial record,
Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and
transmission of the record.
The address to which the Court is to transmit the record is set forth on Page 2 of this
notice.
Notice to Counsel
A copy of this notice is being sent to all parties or their counsel indicated on the proof of
service accompanying the Notice of Appeal. The appearance of all counsel has been
entered on the record in the Commonwealth Court, Counsel has thirty (30) days from the
date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant
to Pa, RAP. 907 (b).
Appellant or Appellant's attorney should review the record of the trial court, in order to
insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning
Ordinance must accompany records in Zoning Appeal cases).
The addresses to which you are to transmit documents to this Court are set forth on
Page 2 of this Notice.
If you have special needs, please contact this court in writing as soon as possible.
Attorney Name
Harold Cramer, Esq.
Paul Bradford Orr, Esq.
Party Name
Bureau of Driver Licensing
John Andrew Vogelsang
Party Type
Appellee
Appellant
%.
~
~
~. ."', '>' ,"~ ,"'_ '" ,,,",.'0'
I,',
.c.._, _ ~.,..,...,
o
""
,,~
'\ "
,--~- '""~ ~
I"" "-';oF' ':' "'"
",CC';~;";I Iii' " "1iiI~; ~TI''lIt'\i-rnliilrI\ r il ;'rnr 1"'
,""",',',.1'1
\Wi
("
"
~
"'0(;,:,
rnrr
~?
~i~:,~-
r-' l
~.
~~
::::l
~<
c:::
(,,f)
['T1
~''''''
(----~- .~
\_::J
"-;"1
:.J'I
r,)
r.w.~~ll'!!l!!l!'l"~4')~WI_~!""~"'~~ilif!iIllfli!ll~~ru I ""'~~'" ,,'" R""!I!'l':'
, I " 1'1," "
I
, ' " . ' " ""'" - '" ..1'"
r .J: '1_,
, ,- "-~_ 1-
\
(D U
COMMONWEALTH OF PENNSYL VANIA : IN THE COURT OF COMMON PLEAS OF L,u
DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYL VANIA
Respondent CJ<J11 (l.~ ,;)406
v,
: CIVIL ACTION - LAW
JOHN ANDREW VOGELSANG,
Petitioner.
: 00-2146 CIVIL TERM
NOTICE OF APPEAL
1. NOTICE IS HEREBY given that John Andrew Vogelsang, Petitioner above
named, hereby appeals to th,e Commonwealth Court of Pennsylvania from the ORDER OF
COURT entered in this matter on August 3, 2000 by the Honorable J. Wesley Oler.
2. This order has been entered in the docket as evidenced by the attached copy of the
docket entry.
Paul Bradford Orr, Esquire
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Supreme Court I.D. 71786
Counsel for Appellant
Cl f.:.;J '.J
c: C) ,"
r:~-': :'e;;..
u
fTi ~-;._, ;.S ?J
~ r'~ :>) '-r,
C./J " \~
~,
../- -,'~ ,'j i
" ()
c:: i : 'j
...;;'-, -, -I, ::H
-' -
'-';' \." ;~: cj
j;; C
c: 0..) i::";' IT)
=? ::.-1
~fl =tJ
-' -<
i
,
I
'I
II
~
I
I
i
I
I"
'I
iil
G
r:
Ii
I,
T'RUE COPY "FROM RECORD
In Ta"'mony WhOlllbr,' hereunto set my hand
.not....... "'....~
II. JI't : u" It. ~
- t'~//J 1t(J" .
'ProthllnGfary .
"
~\
I'!
~ ,
p
,
p
'H,
~ ,;"
^--
"
..
--~
~ "
- ,~"' .,,-~,
o
..,...~, _.~
"'-I'~--' ~
IIIII!II~
',"
" ~.
""~,~-'" ;.' 'J' .,_._,,"~'""_"",C~~ ~~" ~." _ C~~'. '.'
o
o
?;
"'o;S:
rr;fl'
-,C'-'-
&~S~.
~;:
~.~
:-~~
-~
,~
--
~<
OJ
;'J"':
('-.)
UlllllnmrmllliH1rmrr
. -
...
.~;
:::J
-<
f ,~~",!",~~[I_!!'~I!',.-mll!'~IW__~.~ "'~'lI!mlII!l~~I!RRil~~*::l-
o
COMMONWEALTH OF
PENNSYL VANIA,
DEPARTMENT OF
TRANSPORTATION,
Respondent
v.
JOHN ANDREW
VOGELSANG,
Petitioner
C)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-2146 CIVIL TERM
ORDER OF COURT
AND NOW, this 11th day of September, 2000, upon consideration of the Notice
of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa.
R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a
concise Statement of Matters Complained of on Appeal no later than 14 days after entry
of this Order.
George Kabusk, Esq.
Office of Chief Counsel
Department of Transportation
3rd Fl., Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Respondent
Paul B. Orr, Esq.
50 East High Street
Carlisle, PA 17013
Attorney for Petitioner
:rc
,',;'lr.
" ~ - ,
BY THE COURT,
J.
_ i...1 I'l /3- ()-i)
~ ~ '7-
r- CA.
CfL
f
~
o"-~
,,,,,",
f., -J
1'iit:.J,J!'
~r" J~"-~
-
,', "".
V!r,t":/i\V\~11<~J~d
.AJNilCr: n~, i'-rl,~J-~::~,:~n8
1,,",1
~ '_; 1.:
..
,,,,,,,,,;,,,,...1.;"
(, I (.LiS
"':1
",.,' .-,'
~ ,
"""', "~"~""""nl' '" ""UnlrnITll
,"",l~ ~,~=""~1~~lll!rm~f'lll!i!~~m~tJ!lIIlI!lQII,!ff!1 ~ _ ,~., ]l!!!j~'
4
o
o
COMMONWEALTH OF
PENNSYL VANIA,
DEPARTMENT OF
TRANSPORTATION,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JOHN ANDREW
VOGELSANG,
Petitioner
NO. 00-2146 CIVIL TERM
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
Oler, J., September 21,2000.
In this license suspension case, the petitioner appealed to this court from a
suspension of his driving privilege by the Pennsylvania Department of
Transportation. The suspension was imposed by the Department under a provision
of the Vehicle Code providing for a suspension where a licensee has committed an
offense in another state substantially similar to one which would occasion a
suspension in this state. Specifically, the Department suspended petitioner's
Pennsylvania driving privilege for one year as a result of his conviction in New
York State of driving while ability impaired, an offense which the Department
deemed equivalent to driving under the influence under Pennsylvania law.
A hearing was held on petitioner's appeal on June 26, 2000. At the
hearing, petitioner contended (1) that the New York offense was not equivalent to
Pennsylvania's offense, 1 (2) that to the extent that a recent amendment to the
Pennsylvania Vehicle Code could be interpreted to equate the offenses for license
suspension purposes the amendment would be invalid,2 and (3) that an exhibit
1 N.T. 7-8, Hearing, June 26,2000 (hereinafter N.T. ~.
2
N.T.8.
f-i
l
1:,-
'0
.
.,
.
~ ,
"
("'
~!j#
"""""',' -~-" ~~- - ,,,,,,",,,,
"^," "'
-c.,
" ,- . '",-c,,' b--.-__"_-~'".'" "-,_-,w~~ ,. ';i,~-, ", -'1 ~':"T"~lIirt'lf[iilrtl.'rjJ:\;"""'~"': '~1irft!~~-')i;jl~
I"",",
II.,J
'iINV/\lASNN3d
Ali'lnm ON'v'l!:88Wm
9S:f Hd I Z dJS 00
ALI\"I~",I'" i.""" "
iJV~\,-:.j 'jt);-U.:,)':,:.-G ,'"j;'i.l. ::JO
'r\l , '''- -(J""l' '
'{, '!--!l r ~1 .1'':
_..... ,J_,~~ .,t "..'
~-~~'~'_!lI!I
'0 ~;_, ._" "f'H ~
~iII~f'\!l1Il!II_l'i'!lI/F.!i'l'liII~~~l!JIIl
,~~!ImI!flI_Ii!~
~ _",.~~,~,If!I1-
o
o
introduced by the Department relating to petitioner's New York conviction was
deficient and should not have been admitted into evidence.3
On August 3, 2000, the court issued an order denying petitioner's appeal
and affirming the suspension of petitioner's driving privilege. From this order,
petitioner filed an appeal to the Pennsylvania Commonwealth Court on August 31,
2000.
This opinion in support of the order appealed from is written pursuant to
Pennsylvania Rule of Appellate Procedure 1925.
STATEMENT OF FACTS
According to a certificate of conviction from the Elmira, New York, City
Court, attached to petitioner's appeal from license suspension, petitioner
... on the 14th day of January, 2000, appeared before the
Ron. Steven W. Forrest on a charge of two counts of Driving
While Intoxicated in violation of Section 1192, subd. 2 and 3,
of the Vehicle and Traffic Law of the State ofN ew York.
[Petitioner] on the 14th day of January, 2000, ... pled guilty
to the reduced charge of Driving While Ability Impaired, in
violation of Section 1192, subd. 1, of the Vehicle and Traffic
Law of the State of New York, and was sentenced to one year
Conditional Discharge, fined $400.00 and assessed the
mandatory surcharge of$25.00.4
As a result of this conviction, the Pennsylvania Department of Transportation
notified petitioner by letter dated March 10, 2000, of a one-year suspension of his
Pennsylvania driving privilege. The notice read, in pertinent part, as follows:
Section 1581 of the Vehicle Code requires the Department
to treat certain out of state convictions as though they had
occurred in Pennsylvania. Therefore, as a result of the
Department receiving notification from NEW YORK of your
conviction on 01/14/2000 of an offense which occurred on
01/02/2000, which is equivalent to a violation of Section 3731
3
N.T.4-6.
4 Petitioner's Petition for Appeal from Order of Department of Transportation
Suspending Operator's License, paragraph 3 and Exhibit B.
2
44
1.:~,!i!l 41'"
o
o
of the Pa. Vehicle Code, DRIVING UNDER INFLUENCE,
your driving privilege is being SUSPENDED for a period of 1
YEAR(S), as mandated by Section 1532B of the Vehicle
Code.s
Petitioner filed an appeal from the notice of suspension with this court on
April 7, 2000. At the hearing held on petitioner's appeal, the Department
introduced an exhibit in the form of a certified Penn DOT record pertaining to
petitioner.6
This record included a document dated January 24, 2000, received by the
Department from the New York Department of Motor Vehicles. The New York
document did not contain a certification by an official from that state; it provided
the following notice of petitioner's conviction for driving while ability impaired:
THE FOLLOWING 4 OUT-OF-STATE DRIVERS, CONVICTED IN NEW YORK, ARE
BEING PROVIDED PER THE DRIVER LICENSE COMPACT AGREEMENT:
****
VOGELSANG, JOHN, A DOB: 10127/65
44 WINCHESTER GARDEN
CARLISLE P A ZiP: 17013
VIOL DATE: 01102/00 CONVDATE: 01114/00 ACD CODE: A25 ANSI CODE: D16
GENDER:M
Ml:21025805
VIOLATION: DRVG WHILE IMPAIRED
COURT: CHEMUNG COUNTY, CITY OF ELMIRA
COMMERCIAL VEH: (UNK.] HAZ. MATERIALS: [UNK.] TICKET (NO.1:
LD9654864'
In objecting to the admission of this portion of the exhibit, petitioner's
counsel noted that the document had not been sealed and that, inter alia, it did not
specify the statutory section violated by petitioner. 8 The exhibit was admitted
over petitioner's objection.
S Petitioner's Petition for Appeal from Order of Department of Transportation
Suspending Operator's License, paragraph 2 and Exhibit A; Comrnonwealth's
Exhibit 1, Hearing, June 26, 2000 (hereinafter Commonwealth's Exhibit 1).
6 Commonwealth's Exhibit 1. The record was certified by the Director of the
Commonwealth's Bureau of Licensing.
7 Commonwealth's Exhibit 1.
8 N.T. 4-6.
3
4f
Ff''''''~-
~, " -,
,~
o
o
As noted previously, following the hearing the court entered an order
denying petitioner's appeal and affirming the suspension of his license.
DISCI JSSION
Section 1581 of the Pennsylvania Vehicle Code, which represents the
Commonwealth's joinder in and enactment of the Driver's License Compact,9
provides, in pertinent part, as follows:
Article III
Reports of Conviction
The licensing authority of a party state shall report each
conviction of a person from another party state occurring
within its jurisdiction to the licensing authority of the home
state of the licensee. Such report shall clearly identify the
person convicted, describe the violation specifying the section
of the statute, code or ordinance violated, identify the court in
which action was taken, indicate whether a plea of guilty or not
guilty was entered or the conviction was a result of the
forfeiture of bail, bond or other security and shall include any
special findings made in connection therewith.
Article IV
Effect of Conviction
(a) The licensing authority in the home state, for the
purposes of suspension, revocation or limitation of the license
to operate a motor vehicle, shall give the same effect to the
conduct reported, pursuant to Article III of this compact, as it
would if such conduct had occurred in the home state in the
case of convictions for:
(2) driving a motor vehicle while under the
influence of intoxicating liquor ... to a degree which
renders the driver incapable of safely driving a motor
vehicle.. ..
9 See Sullivan v. Commonwealth of Pennsylvania, Department of Transportation,
550 Pa. 639, 708 A.2d 481 (1998).
4
1fG"
;LI!:,~~_
-,.",
..,...~~,~
o
o
(c) If the laws of a party state do not provide for offenses
or violations denominated or described in precisely the words
employed in subdivision (a) of this article, such party state
shall construe the denominations and descriptions appearing in
subdivision (a) of this article as being applicable to and
identifying those offenses or violations of a substantially
similar nature and the laws of such party state shall contain
such provisions as may be necessary to ensure that full force
and effect is given to this article.10
Article IX of the compact provides, further, that the "compact shall be
liberally construed so as to effectuate the purposes thereof.. ..,,11
By legislation enacted in 1998, the General Assembly clarified (or changed,
depending upon one's viewpoint) two aspects of the compact for purposes of its
application in Pennsylvania. Section 1584 of the Vehicle Code was amended to
include the following language pertaining to reports of convictions received from
other states:
The omission from any report received by the department from
a party state of any information required by Article III of the
compact shall not excuse or prevent the department from
complying with its duties under [Article] IV . . . of the
compact. 12
Section 1586 of the Vehicle Code was added with regard to the equivalency
of offenses among party states:
The department shall, for purposes of imposing a
suspension or revocation under Article IV of the compact, treat
reports of convictions received from party states that relate to
driving, operating or being in actual physical control of a
vehicle while impaired by or under the influence of alcohol ...
as being substantially similar to section 3731 (relating to
driving under the influence of alcohol ...). The fact that the
offense reported to the department by a party state may require
a different degree of impairment of a person's ability to
10 Act of December 10, 1996, P.L. 925, 94, 75 Pa. C.S. 91581 (2000 Supp.).
11 Act of December 10, 1996, P.L. 925, 94, 75 Pa. C.S. 91581 (2000 Supp.).
12 f
Act 0 December 21,1998, P.L. 1126,920,75 Pa. C.S. 91584 (2000 Supp.).
I
!!
I
,
I"
5
Ln
','-
, ,
"- ,- ~---
o
o
operate, drive or control a vehicle than that required to support
a conviction for a violation of section 373 I shall not be a basis
for determining that the party state's offense is not
substantially similar to section 3731 for purposes of Article IV
of the compact,13
The statute in New York State respecting the offense of driving under the
influence provides in pertinent part as follows:
~ 1192 - Operating a motor vehicle while under the influence
of alcohol or drugs
1. Driving while ability impaired. No person
shall operate a motor vehicle while the person's ability
to operate such motor vehicle is impaired by the
consumption of alcohol.
2. Driving while intoxicated; per se. No person
shall operate a motor vehicle while such person has .10
of one per centum or more by weight of alcohol in the
person's blood as shown by chemical analysis of such
person's blood, breath, urine, or saliva....
3. Driving while intoxicated. No person shall
operate a motor vehicle while in an intoxicated
condition.14
The statute in Pennsylvania respecting the offense of driving under the
influence provides in pertinent part as follows:
~3731. Driving under the influence of alcohol or controlled
substance.
(a) Offense defined.-A person shall not drive, operate or
be in actual physical control of the movement ofa vehicle in
any of the following circumstances:
(1) While under the influence ofalcohol to a
degree which renders the person incapable of safe
driving.
13 Act of December 21, 1998, P.L. 1126, ~21, 75 Pa. C.S. ~1586 (2000 Supp.).
14 h
N.Y. Ve . & Traf. Law, ~1192(1), (2), (3).
6
4r
\~.
- ~'.
II
o
o
(3) While under the combined influence of
alcohol and any controlled substance to a degree
which renders the person incapable of safe driving.
(4) While the amount of alcohol by weight in
the blood of:
(i) an adult is 0.10% or greater; or
(ii) a minor is 0.02% or greater.15
The issue raised by petitioner in the instant case with regard to the
equivalency of New York's driving while ability impaired offense with
Pennsylvania's driving under the influence offense, for purposes of the compact,
has been considered by the Honorable Kevin A. Hess of this court in Singleton v.
Commonwealth ofPa., Dept. of Transportation, No. 00-0366 Civil Term (June 30,
2000). In resolving this issue adversely to the licensee, Judge Hess stated as
follows:
[One] issue raised by the [licensee/petitioner] is whether or
not the offense of Driving While Impaired in New York is an
offense "substantially similar" to the Pennsylvania Dill statute
so as to warrant suspension. Our courts have earlier held that
these two offenses are not substantially similar. See Olmstead
v, Dept. of Transp., 677 A.2d 1285 (Pa. Cmmwlth. 1966) and
Petrovick v. Dept. ofTransp., Bureau of Driver Licensing, 741
A.2d 1264 (Pa. 1999). In an apparent reaction to these two
cases, the legislature amended Section 1586 of the Motor
Vehicle Code to include the following language:
The fact that the offense reported to the department by
a party state may require a different degree of
impairment of a person's ability to operate, drive or
control a vehicle than that required to support a
conviction for a violation of section 3731 shall not be a
basis for determining that the party state's offense is
not substantially similar to section 3731 for purposes
of Article IV of the compact.
75 Pa. C.S. Section 1586. We are satisfied that this new
language defeats the petitioner's present argument.16
15 f
Act 0 June 17, 1976, P.L. 162, ~l, as amended, 75 Pa. C.S. ~3731(a) (2000
Supp.).
I
I
I
I
,
!:-,,-
7
41.
',-
-,j
o
o
The issue raised by petitioner in the instant case with regard to the validity
of Section 1586 of the Vehicle Code as thus interpreted has also been considered
by Judge Hess in Singleton, wherein the licensee/petitioner contended that the
provision "violate[d] the contractual provisions of the compact and the petitioner's
due process rights under the Pennsylvania and federal constitutions.,,17 The issue
was resolved adversely to the licensee/petitioner by Judge Hess.18
In this regard, the rationale adopted by the Honorable R. Barry McAndrews
of the Court of Common Pleas of Chester County in Commonwealth of
Pennsylvania, Department of Transportation v. Wenger, No. 99-4618-20-6
(Chester Co., November 23, 1999) is also helpful. In Wenger, President Judge
McAndrews held that the 1988 legislation as it related to reporting requirements
by party states "[h]ad not unilaterally altered the Compact.... Rather, the
amendment merely demonstrate[d] the legislative intent as to how the Compact
should be construed. See 75 Pa. C.S. ~1581, Article IX.,,19 The 1988 legislation
as it related to equivalency of offenses may similarly be regarded as representative
of the legislature's intent as to the construction of the compact.
The issues raised by petitioner in the instant case with regard to the report
of his conviction from New York State have also been considered by Judge Hess
in Singleton. In resolving these issues adversely to the licensee, Judge Hess stated
as follows:
. .. The first contention [of the licensee/petitioner] is that
the record of the New York conviction is inadmissible. In
16 Singleton v. Commonwealth ofPa., Dept. of Transportation, No. 00-0366 Civil
Term, Slip Op. at 2-3 (June 30, 2000).
17 Singleton v, Commonwealth of Pa., Dept. of Transportation, No. 00-0366 Civil
Term, Slip Op. at 3 (June 30, 2000).
18 Singleton v. Commonwealth of Pa., Dept. of Transportation, No. 00-0366 Civil
Term, Slip Op. at 3 (June 30, 2000).
19 Commonwealth of Pa., Dept. of Transportation v. Wenger, No. 99-4618-20-6
Civil Term, Slip. Op. at 5 (Chester Co., November 23, 1999).
8
6D'
P~~!l(
-'I
"
o
~
support of his contention he cites Hoover v. Com., Dept. of
Trans., 725 A.2d 1254 (Pa. Cmmwlth. 1999). In Hoover, the
department attempted to suspend the appellant's operating
privileges for a violation of the Drug, Devi[ c]e and Cosmetic
Act. The court held that a certified record of the conviction
was necessary in light of 42 Pa. C.S. Section 6103 which
governs the proof of official records "kept within this
Commonwealth." The matter sub judice, of course, involves
an out-of-state record and, as Hoover itself notes, such records
are governed by 75 Pa. C.S. Section 1550(d). That section, in
turn, provides that documents received from out of state
become the records of DOT and are admissible. We agree with
the [licensee/petitioner] that Section 1532(b)(3) appears to
suggest that reports made pursuant to the Drivers License
Compact are required to be certified. Such an interpretation,
however, is clearly at odds with Section 1 550(d). As noted in
the law of statutory construction:
(a) The object of all interpretation and construction of
statutes is to ascertain and effectuate the intention of
the General Assembly. Every statute shall be
construed, if possible, to give effect to all its
provisions.
1 Pa. C.S.A. Section 1921. We are satisfied that it was the
intention of the legislature to relax reporting requirements
with respect to out-of-state convictions. This is evident from
no less than the adoption of the compact itself which requires
the department to act upon receipt of "reports" of convictions
in other jurisdictions. See 75 Pa. C.S.A. 1581.
Next, the petitioner alleges that the report from New York
does not contain the required information by which the
department can act pursuant to the Drivers License Compact.
This issue we recently resolved adversely to the motorist in
Fox v. Com, of PA. Dept. of Transp., Cumberland County,
2000-0145. In that case we found that this situation was
governed by Section 1584 of the Vehicle Code as recently
amended. Succinctly stated, that provision provides that the
department may suspend a license based upon the report of a
9
5/.
~'.f, "
"'".
.
o
o
conviction even though the report does not comply strictly
with Article 111.20
20 Singleton v. Commonwealth of Pa., Dept. of Transportation, No. 00-0366 Civil
Term, Slip Op. at 1-2 (June 30, 2000).
Judge Hess expressed the rationale for the holding that the Department may
suspend a license based upon a report of conviction even though the report does
not comply strictly with Article III in Fox v. Com. of Pa. Dept. of Trans., No. 00-
0145 Civil Term, Slip Op. at 1-4 (May 22, 2000), as follows:
. . . [Licensee/petitioner] contends that PennDOT failed to
satisfy the requirements of the Driver's License Compact (in
Pennsylvania at 75 Pa. C.S.A. 1581 et seq.). Article III of the
Compact requires that the "licensing authority of a party state
shall report each conviction of a person from another party
state occurring within its jurisdiction to the licensing
authority of the home state of the licensee." 75 Pa. C.S.A.
1581. The Compact further requires that such reports shall:
(1) clearly identify the person convicted; (2) describe the
violation specifying the section of the statute, code or
ordinance violated; (3) identify the court in which action was
taken; and (4) certify how the conviction was obtained (by
trial, guilty plea or as a result of some kind of forfeiture). In
1998, the Commonwealth Court held that the reporting
requirements of Article III were mandatory and that a failure
to fully comply with the reporting requirements made the
suspension of the motorist's operating privileges improper.
See Mazurek v, Com., Dept. of Transp., 717 A.2d 23 (Pa.
Cmwlth. 1998). In an apparent response, the legislature
amended the Vehicle Code to provide, at 75 Pa. C.S.A. 1584,
that:
The omission from any report received by the
department from a party state of any information
required by Article III of the Compact shall not excuse
or prevent the department from complying with its
duties under Article IV and V of the Compact.
Article IV of the Compact requires the licensing authority
of the home state to give the same effect to out-of-state
conduct as it would if such conduct had occurred in the home
state.
10
l~..
5J,
'"
.
"
o
w
In this case, the Department of Transportation submitted a
[state] driving record which contained [the
licensee/petitioner's] name and Pennsylvania driver's license
number, his date of birth, gender and eye color, a violation
date, conviction date and a description of the offense which
merely read, "operate under influence liq.ldrugs." The report
. .. clearly failed to comport with the requirements of Article
III of the Compact. Under Mazurek, supra, [the
licensee/petitioner] would be entitled to relief. The
department counters, however, that the strict application of
Article III is no longer necessary because of the 1998
amendment to the Vehicle Code. [The licensee/petitioner]
argues, in turn, that the language of Section 1584 relaxing the
reporting requirements of Article III is unconstitutional.
There are not yet any appellate decisions on this issue. The
lower courts are split.
In Com. Department ofTransp. v. Anderson, 48 Ches. Co.
Rep. 3 (1999) Chester County Judge James P. MacElree
considered the notice requirements of Article III of the
Compact to be of constitutional dimension. Concerning the
1998 amendments to the Vehicle Code relaxing those
requirements, Judge MacElree observed:
The Amendment violates the specific requirements of
Article III of the Compact and it violates due process
requirements under the United States and Pennsylvania
Constitutions. [T]he purpose of due process notice is
founded on the concept of fundamental fairness. Due
process requires that the defendant have enough
information to respond to the charge. An examination
of 75 Pa. C.S.A. ~1584 reveals a broad and sweeping
provision, which permits Pennsylvania to suspend a
driver's license where "any information" is omitted
from the report required by Article III of the Company.
Applying ~1584 literally could result in Pennsylvania
suspending the license of a driver where the report
only contained the licensee's name or operator's
license number. Such notice would be really no notice
at all because it would lack fundamental facts
sufficient to advise the licensee of who, what, where or
when an alleged violation occurred.
11
,
I,.!~,_~ ~"1
5~.
'.
o
o
While we certainly share Judge MacElree's concerns,
nonetheless, we will follow the approach taken by Bucks
County President Judge R. Barry McAndrews. In Com. of
Pa., Dept. of Transp. v. Wenger, 73 Bucks Co. L. Rep. 54
(2000), he wrote:
This Court agrees with Judge MacElree in part, but
disagrees with [his] conclusion that the amendment is
per se unconstitutional. First, it is a well-established
principle of statutory construction that vests all
enactments of the legislature with a strong
presumption of constitutionality. 1 Pa. C.S. ~1922,
Plowman v. Department of Transportation, 535 Pa.
314,635 A.2d 124 (1993). Second, a court reviewing
a statute should interpret the enactment of the
legislature in a constitutional manner, if possible. 1
Pa. C.S. ~1922(3), Commonwealth v. Hude, 492 Pa.
600, 425 A.2d 313 (1980);, Commonwealth v.
McDonald, 464 Pa. 435, 347 A.2d 290 (1975). Article
IX of the Compact clearly sets forth that the provisions
of the Compact should be broadly construed so as to
effectuate the Compact's remedial purpose. 75 Pa.
C.S. ~1581, Article IX; See also, 1 Pa. C.S. ~1928(c)
(regarding liberal construction of statutes). Procedural
due process simply requires that the Department of
Transportation provide the licensee with sufficient
notice of the conduct that forms the basis of the
Department's action so that the licensee can prepare a
defense. The use of an out-of-state conviction report
that does not fully comply with all the technical
requirements of Article III does not necessarily
impinge on Petitioner's due process rights. The
Department still has the burden of proof; hence the
report must still be suitably informative so as to allow
the Department to identifY the driver and the offense
for which the driver has been convicted. In other
words, the report must still contain the fUndamental
facts.
We reach the same conclusion as Judge McAndrews and for
the same reasons.
12
Sit
!1,"T'~
--.,
-~
o
~
"It is well-settled that, absent the most compelling circumstances, a judge
should follow the decision of a colleague on the same court when based on the
same set of facts." Yudacufski v, Commonwealth of Pennsylvania, Department of
Transportation, 499 Pa. 605, 612, 454 A.2d 923, 926 (1982). No circumstances in
the present case suggested any infirmities in the logic of the holdings of Judge
Hess on the issues presented.
For the foregoing reasons, the order of court denying petitioner's appeal
and affirming the Department's suspension of his driving privilege was entered.
BY THE COURT,
George Kabusk, Esq.
Office of Chief Counsel
Department of Transportation
3rd Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Respondent
Paul B. Orr, Esq.
50 East High Street
Carlisle, PA 17013
Attorney for Petitioner
,~~"",,... ~
13
rs
o
o
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Respondent
v.
: CIVIL ACTION - LAW
: 00-2146 CIVIL TERM
JOHN ANDREW VOGELSANG,
Petitioner.
STATEMENT OF MATTERS COMPLAINED OF ON APPEAL
AND NOW, here comes the Appellant, by and through his counsel, THE LAW OFFICES
OF PAUL BRADFORD ORR, pursuant to the ORDER OF COURT dated September 11, 2000
and pursuant to Pa.R.A.P. 1925 (b) with the following statements complained of on appeal, to
wit:
1. The lower court erred in determining that the recent amendment to the
Pennsylvania Motor Vehicle Code regarding substantially similar offenses for purposes of
suspension of licenses has the effect of rendering the New York statute respecting while ability
impaired (DW AI) substantially similar to the Pennsylvania Under the Influence statute.
2, The lower court erred in determining that Act 151 of 1998 was a lawful
constitutional change in the Driver's License Compact.
3. The lower court erred in admitting into evidence the uncertified and unsealed New
York notice of Petitioner' s conviction for driving while ability impaired which did not specify the
statutory section violated by Petitioner.
4, The lower court erred in upholding the suspension of the Appellant's operator's
8EP 2 5 20
6k"
:~~
license.
".,-"
l;:'
,
Respectfully Submitted,
?9m/
Paul Bradford Orr, Esquire
Attorney for Appellant
()
The Law Offices of Paul Bradford Orr
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court I.D. # 71786
67,
'0
i)
o
PROOF OF SERVICE
I hereby certifY that I am this day serving a true and correct copy of the foregoing
document upon the persons and in the manner indicated below which service satisfies the
requirements ofPa.R.A.P. 121:
Service via Hand-Delivery
The Honorable 1. Wesley Oler
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Service via First-Class Mail
Harold Cramer, Esq,
Bureau of Driver Licensing
3'" Floor Riverfront Office Center
I1arrisburg,PennsylvaniaI7104
~ l12 O~
Paul Bradford Orr, Esquire
By:
Date:
Q8'.
~~
~
,
~.
~ ,"',", .."
~ --0. .. '"""'~ ,; ~..'
"^'.
.~~
"."
I '
"_r~Jil!Iil
.~~.~
. ~--~
.-~"- ~ "~:
...- "-',-,
(',;,f'
,.,n,' ~'" ., . _'''' """,,!;,'""'< 'n__' '""-~'-'''''J~JiJlI'7''''-''''--- ;";,, ,_"e ._~__~"_~~
\,'
__~_I1J1I!IIf'ill~~lllrmr;!l
0 0 C)
c:: <:::> ~"n
$: V>
-0 (E~ ,..,
nl'r1'; -a " ,
z::c N :Ji~j
zr
(/)_1;:0. Uj
:::;z :::-~l.)
~CI "'" -,- ~Ti
:i>", ::!!: 5::;}
20 -7()
5>c 6 iY"
,..;
5! ::::> 55
<1' -<
_"' ,. MlP!~!JII-!IIlIJR\j'r""""~m
,,~!l"'il"
./
2 - 9
1
1 - 23
2'1:
'5 - 27
'9 - 37
i8 - 39
28
o - 41
42
3 - 55
6 - 59
"R_-"""""""~~
Cumberland County Prothonotary's Office
Civil Case Inquiry
2000 02146 PENNSYLVANIA COMMONWEALTH OF (vs) VOGELSANG JOHN ANDREW
PYS510
Page
Reference No..:
Case Type,....: APPEAL - LICENSE SUSP
Judgment......: .00
~fudge Assigned:
Disposed Desc.:
-------~----- Case Comments -------------
Filed........ :
Time......... :
Execution Date
Jury Trial. . . .
Disposed Date.
Higher Crt 1.:
Higher crt 2.:
4/07/2000
3:59
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney Info
PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
RIVERTFRONT OFFICE CENTER
HARRISBURG PA 17104 2516
VOGELSANG JOHN ANDREW
44 WINCHESTER GARDENS
CARLISLE PA 17013
APPELLEE
APPELLANT
ORR PAUL BRADFORD
********************************************************************************
* Date Entries *
********************************************************************************
4/07/2000
4/1212000
10
6/27/2000
6/29/2000
8/04/2000
8/31/2000
9/01/2000
9/07/2000
9/09/2000
9/09/2000
9/13/2000
9/21/2000
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
PETITION APPEAL FROM SUSPENSION OF DRIVERS LICENSE
------------------------------------------------------~------------
ORDER OF COURT - DATED 4/11/00 - IN RE PETITION FOR APPEAL FROM
ORDER OF DEPARTMENT OF TRANSPORTATION, SUSPENDING OpiERATOR' S LICENSE
- HEARING ON 6/26/00 AT 2:45 PM CR 1 CUMBERLAND COUNTY COURTHOUSE
CARLISLE PA BY J WESLEY OLER JR J COPIES MAILED 4/12/00
-------------------------------------------------------------------
ORDER OF COURT - DATED 6/26/00 - IN RE MATTER TAKEN UNDER ADVISMENT
- STENOGRAPHER IS REOUESTED TO PREPARE AND FILE A TRANSCRIPT OF
TESTIMONY OF TODAYS PROCEEDING - BY THE COURT J WESLEY OLER JR J
COPIES MAILED 6/27/00
TRANSCRIPT FILED
-------------------------------------------------------------------
ORDER OF COURT - DATED 8/3/00 - IN RE APPELLANTS PETITION FOR
APPEAL FROM ORDER OF DEPARTMENT OF TRANSOPORTATION SUSPENDING
OPERATORS LICENSE - HEARING HELD ON 6/26/00 PETITION DENIED- BY J
WESLEY OLER JR J COPIES MAILED 8/4/00
-------------------------------------------------------------------
NOTICE OF APPEAL TO THE COMMONWEALTH COURT - BY PAUL BRADFORD ORR
ESQ
-----------------------------------------------~----------~-------
PETITION TO STAY SUSPENSION OF OPERATOR'S LICENSE PENDING APPEAL
-------------------------------------------------------------------
SUPPLEMENT TO PETITION TO STAY SUSPENSION OF OPERATOR'S LICENSE
PENDING APPEAL
-------------------------------------------------------------------
ORDER OF COURT - DATED 9/7/00 - IN RE PETITION FOR STAY OF
SUSPENSION - SUSPENSION OF PETITIONERS OPERATINT PRI~ILEGES IS
STAYED PENDING REVIEW IN THE COMMONWEALTH COURT AND SUPREME COURT
OF PENNSYLVANIA - BY THE COURT J WESLEY OLER JR J COPIES MAILED
9/8/00
COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETINGiI 2019 CD 2000
ORDER-OF-COURT-=-DATED-g/II/OO-=-IN-RE-NOTICE-OF-APPEAL-=-APPELLANT
IS DIRECTED PURSUANT TO PA RAP 1925 B TO FILE A CONCISE STATEMENT
OF MATTERS COMPLAINTED OF ON APPEAL NO LATER THAN 14 DAYS AFTER
THIS ORDER - J WESLEY OLER JR J
COPIES MAILED 9-13-00
-------------------------------------------------------------------
OPINION AND ORDER - DATED 9/21/00 - IN RE IPINION PURSUANT TO PA
RAP 1925
9/25/2000 STATEMENT OF MATTERS COMPLAINNED OF ON APPEAL
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information *
60
CDMMJNWEALTH'S EXHIBIT 1
II
~
*
COMMONWEALTH COURT OF PENNSYLVANIA
October 4, 2000
OFFICE OF THE PROTHONOTARY
P.O. BOX 11730
HARRISBURG, PA 17108
TELEPHONE
(717) 255-1650
Jane H. Sparling, Deputy Prothonotary
Court of Common Pleas of Cumberland County
Courthouse
1 Courthouse Square
Carlisle, P A 17013-3387
Re: John Vogelsang v. Dept. of Transportation, Bureau of Driver Lie.
Commonwealth Court No. 2019 C.D. 2000
Trial Court No. 2000-2146 Civil Term
Dear Ms. Sparling:
This letter acknowledges receipt of the certified record in the above
captioned matter. My review of the transcript reveals that the Commonwealth
presented an exhibit marked Commonwealth's Exhibit #1 containing a packet of
three sub-exhibits. Those exhibits are not included in the record. Please obtain the
exhibits and forward them to this court as a supplemental record on or before
October 13, 2000.
Thank you very much for your attention to this matter.
~ZlR~Cb
C.R. Hostutler
Deputy Prothonotary/Chief Clerk
CRH/gb
cc: Harold Cramer, Esq.
Paul BradfordOrr,Esq.
r-c:"'O
, '3 ".~ '__' _,~__c'~___ ~,_
~ .'., ."0 ~__
'1-1
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
John Andrew Vogelsang,
Appellant
v.
No. 2019 C.D. 2000
Submitted: January 12, 2001
Commonwealth of Pennsylvania,
Department of Transportation,
Bureau of Driver Licensing
BEFORE: HONORABLE DAN PELLEGRINI, Judge
HONORABLE BONNIE BRIGANCE LEADBETTER, Judge
HONORABLE CHARLES P. MIRARCHI, JR., Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
JUDGE LEADBETTER
FILED:
July 31, 2001
Appellant, John Andrew Vogelsang, was convicted of Driving While
Ability Impaired (DWAIY in New York on January 14,2000. The Pennsylvania
Department of Transportation (Department) suspended his operating privilege for a
period of one year pursuant to the Driver's License Compact (Compact), 75 Pa.
C.S. S 1581, Article IV(a)(2). Vogelsang filed a statutory appeal which, following
a hearing, was dismissed by the Court of Common Pleas of Cumberland County.
This appeal followed.
On appeal, Vogelsang argues that the New York report of his DWAI
conviction failed to comply with the technical reporting requirements of Article m2
I N.Y, Veh. & Traf. Law 9 1192.
275 Pa. C.S, 9 1581, Art. III.
"-'~"'"
, 1- .~
, -~~.
of the Compact because it described the conviction simply as "DRVG WHILE
IMP AIRED" but did not include a statutory citation for the offense. This argument
has been rejected by our Supreme Court in a series of recent cases. See Crooks v.
Department of Transp., Bureau of Driver Licensing, _ Pa. _, 768 A.2d
1106 (2001); Harrington v. Department of Transp., Bureau of Driver Licensing,
563 Pa. 565, 763 A.2d 386 (2000); Department of Transp. v, McCafferty, 563 Pa.
146, 758 A.2d 1155 (2000).
V ogelsimg further asserts that the trial court improperly admitted the
New York report of his DW AI conviction into evidence because the report was
submitted to the Department electronically, and was not certified by New York's
Department of Motor Vehicles. We disagree. Section 1550( d)( I) of the Vehicle
Code, 75 Pa. C.S. S 1550(d)(1), relaxed the certification requirements imposed by
Section 5328(a) of the Uniform Interstate and International Procedure Act, 42 Pa.
C.S. S 5328(a), so that the Department can treat out-of-state conviction reports as
its own documents in accordance with 42 Pa. C.S. S 6103. See Koterba v.
Department of Transp., Bureau of Driver Licensing, 736 A.2d 761 (Pa. Cmwlth.
1999); Mackall v. Department of Transp., Bureau of Driver Licensing, 680 A.2d
31 (Pa. Cmwlth. 1996). Thus, the trial court properly admitted the New York
report of Vogelsang's DWAI conviction.
Vogelsang also argues that New York's DWAI offense is not
substantially similar to Article IV(a)(2) of the Compact. This argument was
recently rejected by this court in Squire v. Department of Transportation, Bureau
of Driver Licensing, 769 A.2d 1224 (Pa. Cmwlth. 2001).
Vogelsang next contends that the amendments to Sections 1584 and
1586, 75 Pa. C.S. SS 1584 and 1586, respectively, are unlawful unilateral
2
~
I',l'l~ ~~,_~
"'"~ ~,.
""~II~~_~_fl!!lIi~~~~~_II"'~<"''''!,,",f>F"-''''-~''''Ci~~''''~71'l''l'',m~o;rril<l~f'i'I''''W;:1'l!l'~"i'",,''-'';''''fj''''r'iffi!1''-''j'ffliQW~;
amendments to the Compact. This argument has been repeatedly rejected. See,
e.g., Crytzer v. Department of Transp., Bureau of Driver Licensing, 770 A.2d 820,
823-24 (Pa. Cmwlth. 200 I); Horvath v. Department of Transp., Bureau of Driver
Licensing, _A.2d_ (Pa. Cmwlth., No. 1808 C.D. 2000, filed April 4, 2001);
Zalewski v. Department of Transp., Bureau of Driver Licensing, 767 A.2d 19,24-
25 (Pa. Cmwlth. 2001); Renna v. Department of Transp., Bureau of Driver
Licensing, 762 A.2d 785, 788 n.12 (Pa. Cmwlth. 2000). Vogelsang also asserts
that Sections 1584 and 1586, as amended, violate his due process rights under both
the United States and Pennsylvania Constitutions. These constitutional issues were
not raised before common pleas and, therefore, are waived.3 See Holland v.
Department of Transp., Bureau of Driver Licensing, 656 A.2d 178 (Pa. Cmwlth.
1995); Pa. RAP. 302(a).
Finally, Vogelsang argues that the Department's record must show
that the New York report of Vogelsang's DWAI conviction originated from the
New York Department of Motor Vehicles in order to be admissible. Thisissue
was also not raised before common pleas, and as a result, it is waived. Id.
Accordingly, we affirm the court of common pleas.
~,.atL.oIl1
-
BONNIE BRIGANCE LEADBETTER, Judge
3 We note that even if Vogelsang had preserved his due process arguments, this court has
recently rejected them in Horvath v. Department of Transportation, lJuredudjDriver Licensing,
_A.2d_ (Pa. Cmwlth., No. 1808 C.D. 2000, filed April 4, 2001).
3
"'~ "' ,~"
-
11
~ ~~
I
/
IN THE COMMONWEALTH COURT OF PENNSYL VANIA
John Andrew Vogelsang,
Appellant
v.
J DD - ~{ft/p r2~
No. 2019 C.D. 2000
Commonwealth of Pennsylvania,
Department of Transportation,
Bureau of Driver Licensing
ORDER
AND NOW, this 31st
day of July,
2001, the
order of the Court of Common Pleas of Cumberland County in the above captioned
matter is hereby AFFIRMED.
~>nlbD~
BONNIE BRIGANCE LEADBETTER, Judge
Cell1iedfan lie Recad
JUt , 12001
8IId0rdsrBdl
-
~ ::::r
-<' ......;
1,'i)IJ~ ~~ " ,~~""'...".......
~~~<mi'~""~~~:&I'Sll''ll''_'''F''''''''''''''W;-'''1>'!~_'_'''!W'>!~''~'''1'lIJ';'!r.IjT,W-ll''lli';fl"!Il'\r'''il~IWll!;;'''~~~mlli
,. ",.~1J.[~., _~~~~~ '
(Joe l J
~-fpi<:..... ~O
~.I-
j!>.$-.>,,- b<-:c. ~ >-->,
5~,
""""-",
,'---
,
c?
<"""~ ~?3..~,
'~"~"" ~3R" ~;
~",} ;::") ft'\
;~l
;~~:o
:."
-
.-".," "",,-...-'
,.@lJ>l.."
1'~ ,
U
"U'.~
.,,c'_ .
SUPPLEMENTAL
CETIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
CXMOC:lNWEALTH CDURT OF PENNSYLVANIA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA RAP. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
COMMONWEALTH OF PENNSYLVANIA
DEPT OF TRANSPORTATION
VS
JOHN ANDREW VOGELSANG
~
~
~
00-2146 CIVIL TERM
2019 CD 2000
60 loti
The documents comprising the record have been numbered ~til, , axllt
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable defmiteness, including with respect to each doe'ument, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is /0- '1 - 01)
An additional copy of this certificate is enclosed. Please sign and date copy, thereby
acknowledging receipt of this record.
Date
Signature & Title
-.~-
~.,
...
o
o
SUPPLEMENTAL
CETlFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
CCMlJJNWEALTH CDURT OF PENNSYLVANIA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA RAP. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
COMMONWEALTH OF PENNSYLVANIA
DEPT OF TRANSPORTATION
VS
JOHN ANDREW VOGELSANG
00-2146 CIVIL TERM
2019 CD 2000
60
The documents comprising the record have been numbered ~Ib , and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable defmiteness, including with respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is /0- '1- rrQ
An additional copy oftms certificate is enclosed. Please sign and date copy, thereby
acknowledging receipt of this record.
Date
Signature & Title
-- ",
""
l>.',"
.
o
~
Among the Records and Proceedings enrolled in the court of Common Pleas in and for the
county of
CUMBERLAND
.lU~'" t:u .lUUU
00-2146 Civil Term
in the Commonwealth of Pennsylvania
to No.
Term, 19 is contained the following:
COPY OF COMPLETE APPEARANCE
DOCKET ENTRY
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
VS
JOHN ANDREW VOGELSANG
SEE ATTACHED CERTIFIED DOCKET ENTRIES - SUPPLEMENMTAL
," ~"-^," ,. J
n
/
/
.I
2 - 9
1
11 - 23
221
25 - 27
29 - 37
38 - 39
40 - 41
42
43 - 55
56 - 59
,~",'~
Cumberland County Prothonotary's Office
Civil Case Inquiry
200002146 PENNSYLVANIA COMMONWEALTH OF (vs) VOGELSANG JOHN ANDREW
PYS510
o
o
Page
1
Reference No..:
Case Type.....: APPEAL - LICENSE SUSP
Judgment. . . . . . : .00
Judge Assigned:
Disposed Desc.:
------------ Case Comments -------------
Filed... .. . . . :
Time......... :
Execution Date
Jury Trial....
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
4/07/2000
3:59
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney Info
PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
RIVERTFRONT OFFICE CENTER
HARRISBURG PA 17104 2516
VOGELSANG JOHN ANDREW
44 WINCHESTER GARDENS
CARLISLE PA 17013
APPELLEE
APPELLANT
ORR PAUL BRADFORD
********************************************************************************
* Date Entries *
********************************************************************************
4/07/2000
4/12/2000
10
6/27/2000
6/29/2000
8/04/2000
8/31/2000
9/01/2000
9/07/2000
28
9/08/2000
9/08/2000
9/13/2000
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
PETITION APPEAL FROM SUSPENSION OF DRIVERS LICENSE
---------------------------------~---------------------------------
ORDER OF COURT - DATED 4/11/00 - IN RE PETITION FOR APPEAL FROM
ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE
- HEARING ON 6/26/00 AT 2:45 PM CR 1 CUMBERLAND COUNTY COURTHOUSE
CARLISLE PA BY J WESLEY OLER JR J COPIES MAILED 4/12/00
-------------------------------------------------------------------
ORDER OF COURT - DATED 6/26/00 - IN RE MATTER TAKEN UNDER ADVISMENT
- STENOGRAPHER IS REOUESTED TO PREPARE AND FILE A TRANSCRIPT OF
TESTIMONY OF TODAYS PROCEEDING - BY THE COURT J WESLEY OLER JR J
COPIES MAILED 6/27/00
TRANSCRIPT FILED
-----------------~-------------------------------------------------
ORDER OF COURT - DATED 8/3/00 - IN RE APPELLANTS PETITION FOR
APPEAL FROM ORDER OF DEPARTMENT OF TRANSOPORTATION SUSPENDING
OPERATORS LICENSE - HEARING HELD ON 6/26/00 PETITION DENIED- BY J
WESLEY OLER JR J COPIES MAILED 8/4/00
-------------------------------------------------------------------
NOTICE OF APPEAL TO THE COMMONWEALTH COURT - BY PAUL BRADFORD ORR
ESQ
-------------------------------------------------------------------
PETITION TO STAY SUSPENSION OF OPERATOR'S LICENSE PENDING APPEAL
---------------------------------------------------~----~----------
SUPPLEMENT TO PETITION TO STAY SUSPENSION OF OPERATOR'S LICENSE
PENDING APPEAL
--~----------------------------------------------------------------
ORDER OF COURT - DATED 9/7/00 - IN RE PETITION FOR STAY OF
SUSPENSION - SUSPENSION OF PETITIONERS OPERATINT PRIVILEGES IS
STAYED PENDING REVIEW IN THE COMMONWEALTH COURT AND ,SUPREME COURT
OF PENNSYLVANIA - BY THE COURT J WESLEY OLER JR J COPIES MAILED
9/8/00
-------------------------------------------------------------------
COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 2019 CD 2000
----------------~-------------~------------------------------------
ORDER OF COURT - DATED 9/11/00 - IN RE NOTICE OF APPEAL - APPELLANT
IS DIRECTED PURSUANT TO PA RAP 1925 B TO FILE A CONCISE STATEMENT
OF MATTERS COMPLAINTED OF ON APPEAL NO LATER THAN 14 DAYS AFTER
THIS ORDER - J WESLEY OLER JR J
COPIES MAILED 9-13-00
9/21/2000 OPINION AND ORDER - DATED 9/21/00 - IN RE IPINION PURSUANT TO PA
RAP 1925
9/25/2000 STATEMENT OF MATTERS COMPLAINNED OF ON APPEAL
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information *
60
OJMM:lNWEALTH'S EXHIBIT 1
-~~-
0,',,'
,
o
Cumberland County Prothonotary's Office
Civil Case Inquiry
2000-02146 PENNSYLVANIA COMMONWEALTH OF (vs) VOGELSANG JOHN ANDREW
PYS510
Page
Reference No..: Filed........:
Case Type.....: APPEAL - LICENSE SUSP Time..:... ...:
,Judgment. : . . . . : .00 Executl,?n Date
Judge Asslgned: Jury Trlal....
Disposed Desc.: Disposed Date.
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
* Fees & Debits Bea Bal Pvmts/Adi End Bal
************************************************~*****************************~
4/07/2001
3: 5'
O/OO/OOOi
0/00/0001
PETITION 35.00 35.00 .00
TAX ON PETITION .50 .50 .00
SETTLEMENT 5.00 5.00 .00
,TCP FEE 5.00 5.00 .00
APPEAL 30.00 30.00 .00
--~--------------------- ------------
75.50 75.50 .00
******************************************************************************~
* End of Case Information
*******************************************************************************
TRuE COpy FROM RECORD
IntestimonYWhei801. I here unto set my hand
and the al of id ()~Jcar(jSl8tw)
Th d .
.- .
ary
""'iIl_;
~-~~
o
o
Commonwealth of Pennsylvania
County of Cumberland
1 ss:
I CURTIS R. LONG P th t
. . fO Dna ary
of the Court of Common Pleas in and for said
County, do hereby certify that the foregoing is a
full, true and correct copy ofthe whole record of the
c~~JA8~~~)t\:';~'Hwh6~inpEHNS YL VANIA
DEPT OF TRANSPORT~TION
Plaintiff. and
JOHN ANDREW VOGELSANG
Defendant _, as the same remains of record
before the said Court at No. 00-2146 of
CIVIL Term, A.D, 19_,
In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court
this 9 th day of OCTOBER A. D., ~.s!00 ,
~R~
'zf'~ tJ-)f~7~notarY
I, GF.ORGE E. HOFFER President Judge of the ~~liiTHr (J
Judicial District, composed of the County of Cumberland, do certify that
CIIRTI SR. LKONG , by whom the annexed record, certificate and
attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seal of the Court of Common Pleas of said County. was,atthetime of so doing. and now is
Prothonotary in and for said County of in
the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith
and credit are and ought to be given as well in Courts of judicature e e d that the said record,
certificate and attestation are in due form of law and made by
esident Judge
} ss:
1 CURTIS R. LONG P h 'f h C, ofC PI'
, , rot not 0 t e Hour E: 0 0 eas In
and for the said County, do certify that the Honorable ~EO~'GE E. OF~ R. ~ T.
by whom the foregoing attestation was made. and who has thereunto subscribed his name, was. at the time
of making thereof. and still is President Judge of the Court of Common Pleas. Orphan' Court and Court of
Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts
as such full faith and credit are and ought to be given. as well in Courts of judicature as elsewhere,
Commonwealth of Pennsylvania
County of Cumberland
IN TESTIMONY WHEREOF. I have hereunto
set my hand and affixed the seal of said Court this
9th day of October A.D. 74>00 .
9F~ti'~
.~.
U1
o
A,",',>,
~
tT1 n .., 0 "'!1 Z Z
~
" 0 0 " ~ !=' !='
~ ~ 3 i! 0
" ~ 3
~ ~
"
0- I"l
" ~
" I"l
0- :::
:!1 -=
;;- -
0- '"'
"'l <
'" - "
I"l ~
~
" c:
~
:ill
I"l
"0 n -I -I
a 0 " "
" :ill ~ ~
0 " 3 3
0 '" n
0
. I 0 '" '"
" c: I I
'" a "
~
""
~w~!w.~~~!JlIIQf.ll..,~,,,,,_~Q!IlI'ImJ:i!fl!1!illfj,,,,"~~"_,_ ~,m
!}l-32S (9/95)
CERTIFICATION
DATE: April 19, 2000
I hereby certify that Rebecca L. Bickley, Direlltor of the Bureau of Driver Licensing of the
Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the
Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal
custody of the original or microfilm records which are reproduced in the attached certification.
IN TESTIMONYWHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF
THIS DEPARTMENT THE IDAY AND YEAR AFORESAID.
B~OR1;;.CRETARY OF TRANSPORTATION
I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FUll, TRUE AND
CORRECT CERTIFIED PHOTOSTATIC COPY OF:
1) Official Notice of suspension dated & mailed 03/10/00, effective 04/14/00; 2) Record of
Conviction Detail, Out of State Driver Violations Report received from the licensing authority of
the State of NEW YORK, operating under the influence of liquor or drugs, date of violation
01/02/00, and date of conviction 01/14/00, and 3) Driving Record, which appears in the file of the
defendant JOHN ANDREW VOGELSANG, operator's no. 21025805, date of birth 10/27/65, in
the Bureau of Driver Licensing, Harrisburg, Pennsylvania.
CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9,
1976, P.L 586, as amended, 42 Pa.C.S. 996103 and 6109.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR
AFORESAID, <R~ -g.
SEAL
REBECCA L. BICKLEY, DIREC R
BUREAU OF DRIVER LICENSING
Commonwealth's
eXHIBIT
I
&-2.(P-oo
<;;2S .
"~
- <~"
" ,
'II
~
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT Of TRA~SPORTATION
Bureau of Driver licensing
Harrisburg. PA 17123
MARCH 10. 2000
JOHN AN,REW VOGELSANG
44 WINCHESTER GARPENS
CARLISLE PA
170],3
ODDb3blD2&12'13 001
03/03/2000
21025&05
10/271nbS
Dear Motorist:
Section 1581 of the Vehicle Code requires the Depart.ent to
treat certain out of state convictions as though they had
occurred in Pennsylvania. Therefore. as a result of the
Department receiving notification from NEW YORIt of your
convict ion on 01/14/2000 of an offense which occurred on
01/02/2000. which is equivalent to a violation of Section
3731 of the Pa. Vehicle Code. DRIVING UNDER INFLUENCE,your
driving privilege is being SUSPENDED for a period of I
VEAR(S). as mandated by Section 15328 of the Vehicle Code.
The e~ect1Yed.te of 8uspens10n 18 04/14/2000. 12:01 ....
In order to complY with this sanction YOU are required to
return any current driver's license. learner's per.it and/or
teaporary driver's license (caoera card) in your possession
no later than the effective date listed. If YOU cannot
coaply with the requirements stated above, YOU are reqUired
to submit a Dl16lC Fora or a sworn affidavit stating that
YOU are aware of the sanction against your driVing privi-
lege. failure to co.ply with this notice shall result in
this Bureau referring this matter to the Pennsylvania State
Police for prosecution under SECTION l571(a)(4) of the Ve-
hicle Code.
Although the law mandates that your driving privilege is
under suspension even if you do not surrender your license,
Cred1t will not begin until all current driver's license
product(s). the Dll6lC Form. or a letter acknowledging your
sanction is received in this Bureau.
WHEN THE DEPART"ENT RECE IVES YOUR liCENSE OR ACKNOWLEDGE-
MENT. 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
SANCT! ON.
1\=-\
,~
~
n
~~~~
~
0006361 02812' U
Please see the enclosed application for restoration fee in-
fo...ation.
You will be notified of any outstanding restoration re-
qUireMents approXiMately 30 days before the eligibility date
of the resto..ation of your driving privilege. YOU eust
follow those instructions very carefullY in order to heve
your driving privilege restored.
APPEAL
You have the right to appeal this action to the Court of
Co..on Pleas (Chil Dhision) within 30 days of the .eil
date of this letter, KARCH 10, 2000. If wou file en appeal
in the county Court. the Court will give YOU .t~~.t..ped
certified copy of the 8Ppe81. Send this tiee-steaped cer-
tified copy of the appeal by certified lIail tOI
"eNNSYLVANIA HPARTMIlNT OF T1lANSPORTATION
OFFICe OF CHIEF COUNSEL
THIRD FLOOR. RIVERFRONT OFFICE CENTER
HARRISBURG. PA. 17104-2516
Sincerely,
~'S. ~
Rebecca l. Bickley, Director
Bureau of Driver licensing
SEND FEE/lICENSE/Dl-16lC/TO:
Depa..tMent of Transpo..tation
Bureau of Driver licensing
P.O. Box 68693
Ha....isbu..g. PA 17106-8693
INFORKATIOM (7:88
IN STATE
OUT-Of-STATE
TOO IN STATE
TDD OUT-Of-STATE
AM TO 9:88 PM'
1-800-932-4600
717-391-6198
1-880-228-0676
717-391-6191
"
*
STATE OF NEW YORK ,.,
DEPARTMENT OF MOTdtfVitH1o~"'-
;-,
IlMJlUleaTAl& ......~"'1..
~OH.~R.
BUllBAV OF MOTOIJ. VEJQ:CI.IS
1101 SOVTH Pl\owr STREIT
HARRISBURG. PUIIlSYt.VAlfU 1710"-2516
" " """.':':,,',;":j'.i;~~
'''1~
.:. ."'_: --<""r. :~~';;;.:~: (,::-:." - ;i::'::t
, ". ;:~.:,
"I"
,UI FOLLOWING .. OUT-GP-S'1'ATE UIU:,~. c~eTIV IN NIW YQU.
PB THE VlUVlR LleasE CO_ACT AGliBIMIJIT. ' ""
, ............................................*...*...........
VANSCYOL.JENNIFER.E VOB. 12/15/73 GENDER. F MI. 232..0751
641 E CAROLXNE AVI
ALTOONA PA ZXP. 16602
VIOL DATE. 10/04/99 COW DATE. 11/09/99 ACD CODE. S93 AJIS%CODl\.
VIOI!.ATXON. SPEED IN ZONE ACTUAL SPEED. 078 SPEED LlfUT. ,.5
COUllT. ALLEGANY COUlf'l'Y. TOWN OF FlU'ENDSHIP $A~' '.'>t
CO~CIAL VJUI. umarOWB HAZ. MATERIALS. umarOWB T!CI$." ~.3' ' ,
........*....*.......**..**....******.**.....***....******** ", ,
" VELEl&.JOSE.L DOB. 10/11/"7 GENDER. 101 MI. 265&00511
1148 UPTUU AV 20P
BROOKLYN NY ZIP. 1122..
VIOL VATE. 01/03/00 COW DATE. 01/18/00 ACV CODE. M1.. ANS!ClO:I$....
VIOI!.ATION. DISOBEYED TRAF DEY ,',., " ,
" COllR,' , '1", NEW, YOU COUNTY. MANHATTAN S. ADM. ADJ. BATCH . .0, .:.,.", : '..,:,.,.. ,,;'),:
, ~CIAL VIR. UNKJIOWIl HAZ. MATERIALS. UNKJIOWB TICKE'l' JIUIIIBR. 'lJt' , '., '. '.',' ',':\:
::. ...-*_..***..*...-......**.....*.***.**..*.*...**.****_.*..**.*OftJ lQiIi..il<lId11. " 11 '),
VENTRESCA,GREGORY,J DOB. 10/20/17 GENDER. M MI. 2..354579 ' , '
1398 HOltSTEXN JU)
W CHESTER PA ZIP. 19380
VIOL DATE. 11/20/99 COW DATE. 01/03/00 ACD CODE. S93 ANSI CODE. SP2
VIOLATION. SPEEDING ACTUAL SPEED. 075 SPEED LIMIT. OSS
COURT. WESTCHESTER COUNTY, TOWIl OF MOUNT PLEASANT BATCH. ",1'."
C~IAL VER. tlNlCNOWN KAZ. MATERIALS. 'UNKNOWN TICKET NUNBD.. LG?a~".'1 .', '
_*M':lll.._...............................*...*.**..*.*****...._.**llI'lh\...~.:,,:
'~ANG,JORN,A DOB. 10/27/65 GENDER. M IU. 2102580li '
44 wtNCHESTER GARDEN
CARLISLE PA ZIP. 17013
VIOL DATE. 01/02/00 COW DATE. 01/14/00 ACD CODE. AlS ANSI comlo
VIOLATION. DRVS WHILE IMPAIRED
COllllT. CHElWNG COUNTY. CI'l'Y OF BLMIRA B4Tn .
COMHBRCIAL VEH. 1.INICR0WIl HAZ. MA1'D.:tAJ,S. U!f'CJIOWB TICKIt ..... ,"
.....8*.......**.....*..*..*.**....*.***.******...........
,~. " - .... "-'~' . "". "."~.
'.(', ;.;.1 'f.! ~..-_\"'-.>.
~.
1F-d-.
"i'-
.. ..,",
,<
, "
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
CERTIFIED DRIVING HISTORY
APR 12 2000
DRIVER: JOHN ANDREW VOGELSANG
44 WINCHESTER GARDENS
CARLISLE, PA 17013
DRIVER LICENSE NO
DATE OF BIRTH
SEX
RECORD TYPE
DRIVER LICENSE (DL)
PAGE 1
: 21025805
: OCT 27 1965
MALE
REG LICENSE
COMMERCIAL DRIVER LICENSE (CDL)
.---------------------------------
LICENSE CLASS . C
.
LICENSE ISSUE DATE: NOV 08 1997
LICENSE EXPIRES OCT 31 2001
ORIG ISSUE DATE NOV 08 1982
MED RESTRICTIONS . 1
.
LEARNER PERMITS .
.
LICENSE STATUS . PEND SUSPEND
.
CDL LICENSE CLASS
CDL LICENSE ISSUED
CDL, LICENSE EXPIRES
CDL ENQQRSEMENTS
CDL ,RESTR~CTIONS
CI)LLEAA~E~ PERMITS
CDL LICENSEiSTATUS
SB ENDORSEMENT
PROBATIONjmY" LICENSE (PL)
.
.
: NONE
. NONE
.
.
.
: PEND SUSPEND
:
---------~~~~--------------------
PL LICENSJlJi~R}\SS
PL LICENS~f@~[G ISS :
PL LICENSE~fs~UED
PL LICENS~~~~PIRES
PL LICENgE~STATUS
.
.
.
.
.
.
, ,
OCCUPA~tO~~L LIMITED LICENSE (OLL)
OLL
OLL
OLL
OLL
L:rCifJ~SE CnAsS
r,tC~i:aSE:rSSUED
r,ICE:NSE, EXPIRES :
LICENS,E STATUS
*** CONTINUED ***
~3
r~
.
.
.'
PAGE 2
CERTIFIED DRIVING HISTORY - APR 12 2000- LICENSE NUMBER 21025805 CONTINUED
--------------------------------------------------------------------------------
REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS
--------------------------------------------------------------------------------
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
JAN 02 2000
VEHICLE CODE: 3731 MAJOR VIOLATION
DRIVING UNDER INFLUENCE
JAN 14 2000
SUSP DRVR LIC COMPACT FOR 1 YEAR(S) EFFECTIVE APR 14 2000
OFFICIAL NOTICE MAILED MAR 10 2000
--------------------------------~-~---~------~-~--------------------------------
REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS
--------------------------------------------------------------------------------
NO MEDICALS OR DEPARTMENTAL ACTlONS DURING THIS ,REPORTING PERIOD
---------------------------------------~-~~-------------------------------------
REPORT. Of ACCID~NTS ANDDEPAAi!MENT~A.CTIONS
--------------------------------------------------------------------------------
NO ACCIDENTS DURING THIS REPORTING PERIOD
I
I
*** END OF RECORD ***
"
.'
PAGE 3
CERTIFIED DRIV!NG HISTORY - APR 12 2000 - LICENSE NUMBER 21025805 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, B~EAO' OF DRIVER LICENSING
FOR.....
SECRETARY OF 'l'RANSPORTATION
COMMONWEALTH OF PENNSYLVANIA SS:
DATE:APR 12 2000
I HEREBYQERTIFY THAT REBECCA L. BICKLEY, ~IRECTOR OF THE
BUREAU OFI:lRIVER LICENSING,QFTijE PENNSYLVAt\i.IA.. DEPARTMENT
OF TRANSPOR!l'~TION IS THELEG~ CUSTODIAN OFW#EDRIVER
LICENSING RECORDS OF THE DEPA'R'l'M,ENT OF TRArqsPCilRll'ATION. AS
THE DIRECTOR; OF THE AFORESAID Bmt:ElAO, SHE~s'.t'LEGAL CUSTODY
OF THEO~IG:t~ALOR MICROFILMRl!:CORDSWHICHAAl!:THE SUBJECT
OF THE ABOVE€E'RTIFICATION.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL
OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID.
SINCERELY,
~
SECRETARY OF TRANSPORTATION
SEAL
,::-< - , " ~-