HomeMy WebLinkAbout02-6103CHRIS L. PO'FI'ER
Pe~tioner
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 02. ~/o.9 ~ ~
: LICENSE SUSPENSION APPEAL (FROM
: IMPOSITION OF THE INTERLOCK
: REQUIREMENT AND THE IMPOSITION OF
: AN ADDITIONAL YEAR OF SUSPENSION
: FOR FAILURE TO COMPLY)
LICENSE SUSPENSION APPEA~
AND NOW, comes Petitioner, Chds L. Potter, by and through his attorneys, Mancke, Wagner, Tully
& Spreha, and makes the following averments in support of this License Suspension Appeal:
1. Pe~oner, Chds L. Potter, is a Pennsylvania licensed driver with a residence address of 4202 Allen
Drive, Camp Hill, Cumberland County, Pennsylvania·
2. Respondent, Pennsylvania Deparlment of Transportation, Bureau of Driver Licensing, has a mailing
address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County,
Pennsylvania 17104-2516.
3. Pe~oner received a nolJce of license suspension by way of letter dated November 29, 2002 from
the Department of Transportation indicating, in perlJnent part, "Before your driving privilege can be restored
you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System.
This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement,
your driving privilege will remain suspended for an addi~onal year. You will receive more information regarding
this requirement approximately 30 days before your eligibility date.' Said notice is attached hereto as Exhibit
"A' and incorporated herein by reference.
4. The above-mentioned provision, as part of the Deparlment's notice of November 29, 2002, is illegal,
invalid, and improper for reasons which include, but are not limited to, the following:
(a) At the time of Petitioner's sentencing in Dauphin County, the trial court
did not order that each motor vehicle owned by the Petitioner be
equipped with an approved ignition interlock system and Penn Dot has
no authority to order the ignition interlock or to extend the license
suspension foran additional year. See Schneider v. Penn Dot, 790 A.2d
363 (Pa. Cmwlth. 2002).
(b)
(c)
(d)
The provisions of Act 63 of 2000 are unconstitutional in that the Act
violates Article III, {}1 of the Pennsylvania Constitution which provides,
in perlJnent part: "no law shall be passed except by Bill and no Bill shall
be so altered or amended on its passage through either House as to
change its odginalpu~pose.' Const. Art III, {}1.
The provisions of Act 63 violate the Pennsylvania Constitution because
no Bill shall be passed containing more than one subject by including
provisions for restitution for identity theft along with ignition interlock
requirements. Const. Art III, {}3.
The provisions of Act 63 are unconstitutional in that it violates Article III,
{}4 of the Pennsylvania Constitution which provides, in pertinent part:
"Every Bill shall be considered on three different days in each House...'
Const. Art. III, {}4.
(e)
The provisions of Act 63 violate Petitioner's equal protection and due
process rights under the State and Federal Constitutions by treating
similarly situated persons differently without a rational basis. Said
unequal enforcement of the law is not rationally related to the protection
of the public Eom intoxicated drivers.
The provisions of Act 63 violate the Separation of Powers Doctrine and
procedural due process as the interlock requirement is not analogous to
the imposition of costs in a criminal proceeding, is not administrative in
nature and interferes with the sentencing power of the court as it
requires the court to certify to the executive branch (Penn Dot) whether
for an additional year. You will receive more information regarding this requirement approximately 30 days
before your eligibil~ date"be declared illegal, unconslJtutJonal, and stricken as part of the Department's no§ce
and direct that the Deparlment reinstate the PelJ~oner's ddving privileges after the one (1) year suspension
for the conviction for driving under the influence, subject to the payment of the restoratJon fee and providing
proof of insurance.
Dated:
John B. ~ancke,"Esq., ID No. 07212
Mancke, Wagner, Tully & Spreha
2233 N. Front Street, Harrisburg, PA 17110
717-234-7051, Attorney for PelJfioner
VERIFICATION
I hereby verify thatltte statements made in ~is document are true and correcL I understand
that false s[aiements herein are made subject to the penal§es of 18 Pa.C.S. Section 4904, relalJng to unsworn
falsification to authorities.
9ate/ /
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: NOVEMBER 29, 2002
CHRIS L POTTER
316 CENTENNAL*AVE
HANOVER PA 17331
WID # 02326611238883] 001
PROCESSING DATE 11/2[/2002
DRIVER LICENSE # 19115460
DATE OF BIRTH 11/07/]960
Dear NR. POTTER:
LICENSE IN BURE,U
This is an O~ficlal Notice of the Suspension of your Drivinl
Privilege as author/zed by Sect/on 15329 of the Pennsylvani ~
Vehicle Code. As a result of your 11/06/2002 conviction o:
violating Section 3751 of the Vehicle Code DRIVING UNDE~
INFLUENCE on 06/27/2002:
Your driving privilege is SUSPENDED for a period of [
YEAR(S) effective 11/06/2002 at 12:01 a.m. ~
WARNING: If you are convicted of driving while your
license is suspended/revoked the penalties will be a
MINIMUM of 90 days imprisonment AND a $1,000 fine AND
your driving privilege will be suspended/revoked for
a MINIMUM I year period
***********************************************************
Before PennDOT can restore your driving privilege, you must
follow the instructions in this letter for COMPLYING WITH
THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. You should follow ALL instructions very
carefully. Even if You have served all the tlme on the
suspension/revocation, we cannot restore your drlvtng pr/v-
11ege until al1 the requirements are satisfied.
EXHIBIT
023~11~388831
O? DAUPHZ, ~OUNTY , CZ::iu~ o~ the Vehicle Code, t
Ordered ..... rc aumoer 281n ~ _ he Court
drug add::~i:~ attrnd a treatment p~g~:~rL~rm' 2002 has
sUS~ension/re~_..-s a result of the ~. _,~r azcohol or
Pa~+---~ · ucaclon shaZ/ re--~-- · ~urc Order, this
-~,,,~.[ is notified ~ .... .,,=zn in effect unt~l ~- ~
cessfully co..~_~ _ ~ [ne above Coot+ ~-~ -- ~.= ue-
fo- - ,,,Pzeced treatment ~.. __ ~ ~.ac You have suc-
....... ~ res~e~ation of your dr~.,,2:':~°~re other.ise eligible
--~,,u ~lVliege.
You must~
- ~ a restoration fee to PennDoT to be restore
from a susPension/revocation o · .
pay Your restoration ~__ f Your driving pr~..;._ d
" '~u, complete th= ~--- . --~zege. To
l, ~ -uiio~zng steps:
~eturn the enclosed ApPlication for Restoration
amount due is listed on the application. · The
2. Write Your driver,s license number (listed on the first
Page) on the check or
credit, money Order to ensure Proper
Follow the Payment and mailing instructions on the back
of the application.
~GN~T~ON ~NTERLOCk ~
Before ~our driving Priviie e
qui~ed by la~ to have all g ,~an be restored You are -
equipped ~ith an ~gni+; .... vehicle(s) o~ned b~ ..... r~
--u. interlock System. Th;~;~uu co be
of Your conviction for Driving Under the Inf/uence. If You
-~ z~ a result
fail to comply With this requirement, your driving Privilege
will remain suspended for an additional Year. You ~il! re-
ceive more information regarding this requirement approxi-
mately 50 days before Your eligibility date.
~ithin the last 50 days of Your
~ill Send You a letter asking tha suspension/revocation, we
t You PrOVide Proof of in-
surance at that time. This letter ~111 list acceptable
documents and ~hat ~ill be needed if you do not o~n a vehicle
registered in Pennsylvania.
ZmP°pt~t*~ Please make sure that PennDOT is notified if You
move from Your current address. You may notify PennDoT of
Your address change by calling any of the phone numbers
listed at the end of this letter.
023~&6112388831
You have the right to appea! this action to the Court ~f
Common Pleas (Civil Division) within $0 days of the ma~l
date, NOVENBER 29, 2002, of this letter. Zf you ~lle ~n
appeal In the County Court, the Cou~t w111 glve you a tt~-
stemped ce~tl~ted copy o~ the appea/. In order for your
appeal to be valid, you must send this time-stamped cert,-
f/ed copy of the appea! by certified mail to=
Pennsylvania Department of Transportation
............. Office of Chief Counse!
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON.
Sincerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensin~
INFORMATION 7=00 a.m. to 9:00 p.m.
IN STATE 1-800-932-4600 TDD IN STATE
oUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE
WEB SITE ADDRESS www.dot.state.pa.us
1-80~-228-067&
71 '-391-6191
CHRIS L. POTTER
Pel~oner
Vo
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
· LICENSE SUSPENSION APPEAL (FROM
: IMPOSITION OF THE INTERLOCK
: REQUIREMENT AND THE IMPOSITION OF
: AN ADDITIONAL YEAR OF SUSPENSION
FOR FAILURE TO COMPLY)
ORDER OF COURT
AND NOW,, this.~' ~day of~l~,,~~ 200~[, upon PeflJon of Chris L. Potter, a hearing
issetonlhe Ucense Suspension Appeal for the / 7'O/~ay of J"')'TRi~_-~' ~ _, 200~_ at/: dO~.m.
in Courtroom No. ~___~_, Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania.
Notice of said headng shall be given by Petitioner's counsel to the Deparlment of TransportalJon at'
least sixty (60) days prior to the date of said hearing.
Distribution:
Pmthonotary's Office
/Office of Chief Counsel, PA Department of Transportation
1101 S. Front SL, Harrisburg, PA 17104-2516 ,7
u//,John B. Mancke, Esquire
2233 N. Front St., Harrisburg, PA 17110
CHRIS L. POTTER
Pe~tioner
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-6103 CIVIL TERM
LICENSE SUSPENSION APPEAL
(FROM IMPOSITION OF THE INTERLOCK
REQUIREMENT AND THE IMPOSITION OF
AN ADDITIONAL YEAR OF SUSPENSION
: FOR FAILURE TO COMPLY)
REQUEST FOR CONTINUANCE
AND NOW, this 10th day of March, 2003, comes Chris L. Potter (hereinatter 'Petitioner'), by and
through his attorneys, Mancke, Wagner, Tully & Spreha, who respectfully represent:
1. Petrdoner Chris L. Potler filed a license suspension appeal docketed to the above number and term,
which appeal was from the imposition of the interlock requirement and the imposition of an additional year of
suspension for failure to comply.
2. A hearing has been scheduled before the Honorable Edward E. Guido for March 17, 2003 at 1:00
pm in Courtroom 5 of the Cumberland County Courthouse, Carlisle, PA. A copy of said Order is attached
hereto as Exhibit A.
3. The Commonwealth Court has ruled on a relevant issue involved in the license suspension appeal
and has held that Penn Dot has no authority to order the ignilJon interlock or to extend the license suspension
for an addrdonal year where a court has not enlered such an order. See Schneider v. Penn Dot, 790 A.2d 363
(Pa. Cmwlth. 2002).
4. Penn Dot has filed a PelJlJon for Allowance of Appeal from the ruling in the Schneider case which
is currenfiy pending before the PA Supreme Court
5. Ukewise, the Supreme Court is deciding the case of Commonwealth v. Mockaitis, 50 Cumb. 184,
54 D.&C.4th 115 (2001), app. granted, 32 MAP 2001, which deals with the constitutionality of Act 63-2000.
6. Petitioner is requesting a continuance of the hearing scheduled for March 17, 2003 to allow the
Supreme Courtto rule on Penn Dofs Peffion for Allowance of Appeal in the Schneider case and to rule on the
Mockaitis case.
7. Since the Schneider case involves a significant issue related to Pe~oner's appeal and since the
PA Supreme Court is currentiy resolving an appeal concerning the constitutionality of Act 63 of 2000
(Mockaitis) (dealing with the interlock requirement), PelJtioner is requesting a continuance and has contacted
George Kabusk, Esq. of the Department of Transportation who has no objection to the granting of the
continuance.
WHEREFORE, PeflJoner prays this Honorable Court to grant the con§nuance and reschedule the
licensesuspension appeal heaHng.
Dated:
John~. Mancke, Esq., ID No. 07212
Manc~e, Wagner, Tully & Spreha
2233 N. Front Street, Harrisburg, PA 17110
717-234-7051, Attorney for PeflJoner
YOU ARE HEREBY NOTIFIED TO FILE
A WRITTEN RESPONSE TO THE
ENCLOSED
WITHIN TWENTY {20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT
MAY BE ENTERED AGAINSTYOU
ATTORNEY
LAW OFFICES ~. '
. ~I'v,,,.~NCKE. WAGNER, TULLY & SPF..~HA
2233 NORTH FRONT STREET'
, HARRISBURG, PA. 17110
WE DO HEREBY CERTIFY
THE WITHIN IS A TRUE AND ,
RECT COPY OF THE ORIG
FILED INTHIS ACTION
BY ATTORNEY .;,: ~
CHRIS L. POTTER
Petitioner
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
· IN THE COURT OF COMMON PLEAS
CUMBERU~,ND COUNTY, PENNSYLVANIA
: LICENSE SUSPENSION APPEAL (FROM
: IMPOSITION OF THE INTERLOCK
REQUIREMENT AND THE IMPOSITION OF
: AN ADDITIONAL YEAR OF SUSPENSION
· FOR FAILURE TO COMPLY)
~1~ ORDER OF COURT
AND NOW, ~is_,~ - day °"~G'k~) L~-~ 200--~,~ upon Petition of Chris L Potter, a hearing
is set on the Ucense Suspension Appeal for the ]~of ~.~ ~200~~
in Cou~oom No. ~ .m.
~ Cum~dand Coun~ Cou~ouse, C~isle, Cumbedand Count, Pennsylvania·
No~ce of said hearing sh~l be given by Pe~oneFs counsel to ~e Depa~ent of Transpo~on at
least six~ (60) days p~r ~ ~e d~ of said hearing.
BY THE COURT:
Prothonotary's Office '
Office of Chief Counsel, PA Deparlment of Transportation
1101 S. Front SI:, Harrisburg, PA 17104-2516
John B. Uancke, Esquire
2233 N. Front SI:, Harrisburg, PA 17110
CHRIS L. PO'FI-ER
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 02-6103 CIVIL TERM
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
: LICENSE SUSPENSION APPEAL
: (FROM IMPOSITION OF THE INTERLOCK
REQUIREMENT AND THE IMPOSITION OF
: AN ADDITIONAL YEAR OF SUSPENSION
· FOR FAILURE TO COMPLY)
ORDER
,20~the above-caplJoned hearing, previously
AND NOW,
scheduled for March 17, 2003 at 1:00 pm, is hereby rescheduled for thJ_~;i~y of ~J~.~/ ' ,
2003 at ~_L~m. in Courtroom No.'~___~ Cumberland County' Courtho~e, Carlisle, P~nsylvania.
Notice of said hearing shall be given by PelJlioner's counsel to the Department of TransportadJon at
least sixty (60) days prior to the date of said heating.
Distribution:
Prothonotary's Office
Office of Chief Counsel, PA Department of Transportation
1101 S. Front Street, Harrisburg, PA 17104-2516
John B. Mancke, Esq., Mancke, Wagner, Tully & Spreha
2233 N. Front Street, Harrisburg, PA 17110
CHRIS L. POTTER,
Petitioner
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
Respondent
AND NOW,
appearing to the Court
IN THE COURT OF COMb~ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-6103 CIVIL TERM
LICENSE SUSPENSION APPEAL
IN RE: CONTINUANCE
ORDER OF COURT
this 30th day of June, 2003, it
that the issues set forth in this appeal
are identical to those issues currently on appeal to higher
courts, and the parties having requested a continuance, it is
granted. This matter is continued generally and shall be
rescheduled at the request of either party.
John B. Mancke, Esquire
For the Petitioner
George Kabusk, Esquire
For the Respondent
srs
CHRIS L. POTTER,
COMMONWEALTH
DEPARTMENT OF 5
BUREAU OF DRIVE
AND NOW, tl
filed in the above refe
petitioner's appeal is 1
1532(1>) as a conseqm
75 Pa.C.S. 3731(a)or
Department and the E
REQUIREMENT T
OF THE IGNITIOI~
imposed without a co
as a result of the petit
27, 2002. The Depav
from November 6, 20
DISTRIBUTION:
George H. Kabusk, E
Harrisburg, P~
John B. Mancke, Es~
PETITIONER
OF PENNSYLVANIA,
RANSPORTATION,
LICENSING,
?,ESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 02-6103
LICENSE SUSPENSION APPEAL
ORDER
is ~ ~ day of /[J ~ ,2003, the appeal
eneed matter is DENIED in part and REMANDED in part. The
ENIED regarding the one year suspension imposed under 75 Pa. C.S.
ce of the petitioner's conviction on November 6, 2002, for a violation of
'nne 27, 2002. The petitioner's appeal is REMANDED to the
~artment shall CORRECT THE RECORD AND RESCIND THE
[AT THE PETITIONER COMPLY WITH THE REQUIREMENTS
INTERLOCK LAW, 42 Po. C.S. 7001.-7003, that the Department
rt order as a condition to the restoration of the petitioner's driving privilege
)ner's violation of Section 3731 of the Vehicle Code, violation date June
nent represents that the petitioner is due credit for the one year suspension
)2, to December 26, 2002.
quire, PennDOT, Riverfront Office Center, 1101 South Front
· 17104-2516
.ire, 2233 North Front Street, Harrisburg, Pennsylvania 17110
OFFICE OF CHIEF COUNSEL - Vehicle & Traffic Law Division
Riverfront Office Center
I101 South Front Street
Harrisburg PA 17104-2516
The Honorable Edwar~ Guido
The Court of Commo9 Pleas of Cumberland County
Cumberland County qourthouse
1 Courthouse Square!
Carlisle, Pennsylvanial 17013
October 31, 2003
Re: Chris
Conm~
Dear Judge Guido:
This is an app~
imposed without acm
Transportation (the "[
the absence of a court
This matter w,
Additionally, t
pursuant to Section 15
Section 3731 of the V,
Section 1550 of the V,
pursuant to Section 15
Based on the p
influence and ignition
revised its position wi'
remove the ignition in
court. Since that polk
v. Mockaitis, _ A.2d _
Department's position
representations of the
been continued and I f
GOVERNOR'S OFFICE OF GENERAL COUNSI
TELEPHONE: 717.787.2830
,~AX: 717.705.1122
www.dot.state.pa, us
Potter v. Cmwlth. of Pennsylvania., Dept. of Trans., Court of
on Pleas of Cumberland County, 02-6103, License Suspension Appeal
al of the imposition of the ignition interlock which the Department
.rt order. The petitioner challenged the authority of the Department of
,epartment") to require the installation of an ignition interlock system in
order directing such installation. See 42 Pa.C .S. §§ 7001-7003.
s continued generally.
appeal acted as a supersedeas of the one year suspension imposed
32(b) of the Vehicle Code as a result of the petitioner's conviction of
~'hicle Code. The petitioner was restored pending appeal pursuant to
~'hicle Code. The petitioner is not contesting the one year suspension
32(b) of the Vehicle Code.
-ovisions of the recently-enacted law addressing driving under the
interlock requirements, the Depaa'hnent adopted a policy in which it
h respect to the imposition of the ignition interlock system and agreed to
erlock requirement in those cases where it had not been ordered by the
~ was adopted the Supreme Court issued Commonwealth of Pennsylvania
iPa. 2003), posted on October 17, 2003, which upholds several of the
regarding the issues concerning the ignition interlock. I made
tformentioned policy to Attorney Mancke regarding this case which had
~el ethically bound to follow through with my representations.
Please find
Order denies the appe
one year suspension
petitioner's convicti~
appeal in part to the
requirement which
Additionally,
due credit from Nove
I spoke to Mr.
and the proposed orde
Cc: John B. Manc~
Enclosure
enClosed a proposed Order for the above-mentioned matter. The proposed
in part and remands in part. The proposed Order denies the appeal of the
arsuant to Section 1532(b) of the Vehicle Code as a result of the
of Section 3731 of the Vehicle Code. The proposed order remands the
epartment to update its records and remove the ignition interlock
imposed by the Department without a court order.
he order includes a represention by the Department that the petitioner is
aber 6, 2002, to December 26, 2002, for the one year suspension.
Mancke, attorney for the petitioner, and l~e concurs with such a disposition
Very_ truly yours,
George IT.. Kabusk
, Esquire, 2233 North Front Street, Harrisburg, Pennsylvania 17110