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Home My WebLink About02-5700A. THOMAS DITLOW, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. t9.2 DEPARTMENTOY TRANSPORTATION, : COMMONWEALTH OF PENNSYLVANIA: Respondent : Drivers License Appeal MOTION TO VACATE LICENSE RESTORATION REQUIREMENT TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES the Petitioner, A. Thomas Ditlow, by and through his attorney, Lisa Marie Coyne, and avers the following in support of this Motion to Vacate the License Restoration Requirement for installation of an ignition interlock system: 1. On July 2, 2002, the Petitioner, A. Thomas Ditlow, pleaded guilty to the charge of Driving Under the Influence, which was docketed to this Court at Criminal No. 682-2002. 2. On October 8, 2002, the Petitioner surrendered his driver's license and was sentenced by Judge Hess of this Honorable Court. A copy of Judge Hess' Sentencing Order is attached hereto and referenced as Exhibit "A." 3. On or about November 8, 2002, the Petitioner received from the Respondent, Department of Transportation (hereinafter "PENNDOT"), a Notification concerning the suspension and impending restoration of Petitioner's driver's privilege. A copy of the Notification is attached hereto as Exhibit 4. Per PENNDOT's Notification, Petitioner is required to install an Ignition Interlock System as a license restoration requirement; however, as a sentence of this Court, the Petitioner was not ordered to do so by this Court. 5. The Ignition Interlock System restoration requirement is tmconstitutional and cannot be authorized by PENNDOT and is therefore invalid. WHEREFORE, the Petitioner respectfully requests this Honorable Court to schedule a Hearing concerning the disputed restoration requirement pertaining to Petitioner's mandatory installation of an Ignition Interlock System upon completio~ of his one year suspension of Petitioner's driver's license. Dated: Respectfully Submitted: COYNE & COYNE, P.C. By: .¥~. - -~ "I/~sa Marie Coyne4Esquire ,//Pa. S. Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Petitioner VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: ~¢/~ 2~' 2c~'z- ~_~ ~R' UR T~OMAS DITLOW COMMONWEALTH V ARTHI/R THOMAS DITLOW : OTN: H311699-3 : IN THE COURT OF CO?4MON CUMBERLA_~D COUNTy, pE_,~_~-SVLVA_NT 02-0682 CRIMINAL TEP~M CH~LRGE: DUI AFFIANT: PTL. WA~RREN CO-R~N-E'LIOUS IN RE: SENTENCING, PAROLE & LICENSE SU.-R3~--~DERED O_ORDER OF COURT AArD NOW, this 8th day of October, 2002, the defendant, Arthur Tkomas Ditlow, having previously a_upeared in open court and tendered a plea, and now appearing for sentence together with private counsel, Lisa Coy-ne, Esquire, the court being in r. ece%pt of a DUI report, Sentence of the court is that the defendant Pay the costs of prosecution, a fine of $300.00, together with a CAT Fund surcharge of $!00.00, and an EMS assessment of $!0.00, and undergo imprisonment in the Cumberland County Prison for a period of not less than thirty days nor more than twentY-three months. It appearing that the defendant has complied with a condition for court ordered inpatient treatment, we give him credit for thirty days previously served. He is paroled effective immediately on condition that he abide by the instructions and directions of his parole officer. The defendant,s driver's license is surrendered effective this date. COY~MONWEALTH V. A_RTB.UJR THOMAS DITLOW By the Court, Michelle H. Sibert, Esquire Assistant District Attorney Lisa Coyne, Esumire For the Defendant Probation Victim Services Sheriff CCP :bg A. Hess, J. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17125 10/29/02 A THOMAS DITLOW 2515 KENT ST CAMP HILL PA 17011 DRIVER'S LICENSE NUMBER: BIRTH DATE: 11218160 02/11/q9 Dear MR. DITLOW This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PENNDOT) that your driving Privilege has been restored. Only after that may you drive. The date when You are eligible to have your driving privilege restored has not been determined. To determine this ELIGIBILITY DATE, you must resolve any issues listed in this letter as DRIVER'S LICENSE RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, INDEFINITE RECALL, and/or PRISON RELEASE REQUIREMENT. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the NAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a 825.00 restoration fee to PENNDOT. Write your drlver's license number (11sted above) on the check or money order to ensure proper credit. Your check or money order should be made Payable to PENNDOT. PRISON RELEASE REQUIREMENT (ACT 151) -The Court has sentenced you to serve a prison term. Pursuant to Section i54i of the Vehicie Code, you wiii not receive credit for this suspension/revocation or any additional suspension/revocation untii you serve your prison term. The Court must certify to PENNDOT that your prison term is compieted. PENNDOT recommends that you CONTACT YOUR PROBATION OFFICER and/or the Court to ensure that PENNDOT is properIy notified. PROOF OF INSURANCE -Within 50 days of your ELIGIBILITY DATE, provide a copy of one of the foiiowing to PENNDOT to show that aii motor vehicIes currentiy I LICENSE NO. : 11218160 registered in Pennsylvania in your name are insured: *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the RA Auto Insurance Rlan If you do not own a motor vehicle currently registered in Rennsylvania, send a signed statement of this fact to RENNDOT which reads "I do not own any motor vehicles currently registered in Rennsylvania". Rlease include your name, address, driver's license number and date of birth on the statement. TERM SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or will begin) on 10/08/02. Credit for serving this suspension/revoca- tion began (or will begin) on 10/08/02 and will end on 10/08/03. The suspension/revocation resulted from a vioiation on 08/12/01 of Section 3731, DRIVING UNDER INFLUENCE IGNITION INTERLOCK You are required to have an approved Ignition Interlock System installed in ali of your vehicle(s). Approximately 30 days before your ELIGIBILITY DATE, you shouid contact one of the foilowing approved vendors iisted below to make arrangements to have the System instalied. -Interlock Installation Services - 1-800-452-1739 -Consumer Safety Technology, Inc. 1-877-777-5020 -National Interlock, Inc. (serving Eastern PA) 1-866-$q2-4984 -American Court Services (serving Central/Western PA) - 1-888-565-6227 -Guardian Interiock Systems - 1-800-q99-0994 -Draeger Interlock, Inc. 1-800-332-6858 You will need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 682 2002 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year. 2 LICENSE NO. : 11218160 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Uniess another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed beiow. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents You send to PENNOOT. Thank you. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 INFORMATION (7:00 AM to 9:00 PM) IN STATE 1-800-952-q600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Motion for Hearing served this date by placing a copy of same in the United States Mail, first class, postage prepaid, to the following: PENNDOT Bureau of Driving Licensing P.O. Box 68693 Hamsburg, PA 17106-8693 (Certified Mail) Dated: 5X A MA}SE COVNie, ESQUnU (~.../3901 Market Street I Camp Hill, PA 17011-4227 (717) 737-0464 A. THOMAS DITLOW, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. VS. : DEPARTMENTOF TRANSPORTATION, : COMMONWEALTH OF PENNSYLVANIA: Respondent : Drivers License Appeal ORDER AND NOW this ~ day of ~_~L~.p~//' 2002 upon consideration of Petitioner's Motion to Vacate Respondent's License Restoration Requirement concerning the Ignition Interlock System installation, a Hearing is scheduled on this Motion for the /04 day of /~-3--~4~.~ , 200..~, in Courtroom No. L/L at //f/o~'- o'clock ~_~_. M., Cumberland County Courthouse, Carlisle, Pennsylvania. CF: //Lisa Marie Coyne, Esquire, Attorney for Petitioner Pennsylvania Dept. of Transportation By the Court: ss, Judge - 19.-0.3 -oB A. THOMAS Appel VS. DEPARTMEI BUREAU OF Appell AND lx Appellant, hem Monday, April Carlisle, PA. ~FAUstin Grogan, or the Appellm v/George Kabusk, For PennDOT :rlm DITLOW, ant ~IT OF TRANS., LICENSING, ~e IN THE COURT OF 'COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5700 CIVIL CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL IN RE: LICENSE SUSPENSION APPEAL ORDER rOW, this Z 7 ' day of January, 2003, upon request of counsel for the /ng in the above captioned matter set for February 10, 2003, is continued to 21, 2003, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Esquire Esquire BY THE C,OURT, 0/-27-0.3 A. THOMAS DITLOW, Appellant Vo DEPARTMENT OF TRANS. BUREAU OF LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5700 CIVIL TERM CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 21st day of April, 2003, on agreement of the parties, hearing herein is continued generally. The matter to be relisted at the request of either party. By the Court, Ke~~.' ~ess, J Austin Grogan, Esquire For the Appellant George Kabusk, Esquire For PennDOT :mae A. THOMAS DITLOW, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRiVER LICENSING, RESPONDENT 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-570,0 LICENSE SUSPENSION APPEAL ORDER AND NOW, this 2e'~' dayof O~/,~ ,2003, the appeal filed in the above referenced matter is REMANDED to the Department and the Department shall CORRECT THE RECORD AND RESCIND THE REQUIREMENT THAT THE PETITIONER COMPLY WITH THE REQUIREMENTS OF THE IGNITION INTERLOCK LAW, 42 Pa. C.S. 7001-7003, that the Department imposed without a court order as a condition to the restoration of the petitioner's driving privilege as a result of the petitioner's violation of Section 3731 of the Vehicle Code, violation date February 1, 2001. BY THE COURT ~/teSTRIBUTION: j/ org¢ H. Kabusk, Esquire, PcnnDOT, Riverfront Office Center, 11 O1 South Front Street, ~ Harrisburg, PA 17104-2516 tin Grogan, Esquire, 3901 Market Street, Camp Hill, Penn:;ylvania 17011-0464