The URL can be used to link to this page

Home My WebLink About03-0418SCOI-r A. TILE COMMONWE~ DEPARTMENT BUREAU OF D AND N~ & Spreha, and 1. Pel Centerville Roa 2. R~ address at Ri~ Pennsylvania 1 3. Pel indicalJng, in pe[ System installe~ vehicle(s), your ~ as Exhibit'A' a~ ~EN Pe~tioner V. .LTH OF PENNSYLVANIA, OF TRANSPORTATION, RIVER 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) LICENSE SUSPENSION APPE~ :)W, comes Petitioner, Scott A. Tilden, by and through his attorneys, Mancke, Wagner, Tully nakes the following averments in support of this License Suspension Appeal: tioner, Scott A. Tilden, is a Pennsylvania licensed driver with a residence address of 1520 ~1, Newville, Cumberland County, Pennsylvania· ~ondent, Pennsylvania Deparlment of TransportalJon, Bureau of Ddver Licensing, has a mailing erfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, r104-2516. itioner received a letter dated January 15, 2003 from the Department of Transportation inent part, 'IGNITION INTERLOCK- You are required to have an approved Ignition Interlock I in all of your vehicle(s) .... If you choose not to install the Ignition Interlock System in your ~fng priw'lege will remain suspended for an additional year.' Said notice is attached hereto ~d incorporated herein by reference. 4. The other requirem include, but are above-mentioned provision, as part of the Departmenfs notice of January 15, 2003, and any ent to install an Ignition Interlock System, is illegal, invalid, and improper for reasons which not limited to, the following: (a) At the time of Petitioner's sentencing in Cumberland County, the trial court did not order that each motor vehicle owned by the Pelitioner 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 for an addilional year. See Schneider v. Penn Do[ 790 A.2d 363 (Pa. Cmwlth. 2002). (b) The provisions of Act 63 of 2000 are unconstitutional in that the Act violates Arlicle III, §1 of the Pennsylvania Constitution which provides, in pertinent 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 o#ginalpurpose." Cons[ Art. III, §1. (c) The provisions of Act 63 violate the Pennsylvania Constitution because no Bill shall be passed containing more than one subject by including provisions for reslitution for identity thee along with ignition interlock requirements. Cons[ Art III, §3. (d) The provisions of Act 63 are unconstitutional in that it violates Article III, §4 of the Pennsylvania Constitution which provides, in perlJnent part "Every Bill shall be considered on three different days in each House ..." Cons[ Art. III, §4. (e) The provisions of Act 63 violate Petitioner's equal protection and due process dghts under the State and Federal Constitutions by treating similarly situated persons dilferen~y without a rational basis. Said unequal e~rc~nt of the law is not rationally related to the prote~on of the public from intoxicated ddvers. The provisions of Act 63 violate the Separa'don of Powers Doctrine and proced,ural due process as the interlock requirement is not analogous to theimposition of costs~.in a criminal proceeding, is not administrative in 2 5. Pea becoming Act www.legis.sta~ 1814, 1918, 20; WHERI January 15, Interlock Syster~ nature and interferes with the sentencing power of the court as it requires the court to certify to the executive branch (Penn Dot) whether the ignition interlock systems have been installed before Penn Dot will reinstate the operating privilege which necessarily requires the court to investigate whether or not the devices have been installed without procedural due process. See Commonwealth v. Uockaitis, 54 D&C 4th 155 (Cumb. 2001). (g) The provisions of Act 63 violate due process because Penn Dot has no authority or jurisdiction over vehicles owned by a motorist but not registered and not operated on a public highway'. (h) The provisions of Act 63 violate due process because the statute is vague in failing to define ownership and is overbroad because, by its reach, it punishes constitutionally protected activity, i.e. ownership of a non-registered vehicle maintained and/or used solely on private property in violation of PelYdoner's rights under Article, I, ~,i9 of the Pennsylvania Consttuton and the 5th Amendment of the Unites States Consttul~on. (i) Penn Dot has waived any perceived authorlza'don to have the ignition interlock requirements and/or extend the license suspension by its failure to file an appeal, within 30 days of notice of the court's failure to impose such requirements on the PelJtoner. oner requests the court take judicial notice of Senate Bill 849 and all of its prior forms prior to i3 of 2000 including the legislative summary obtained from the Pennsylvania State website, ,.pa. us, in chronological order beginning with the summary and printer numbers 952, 1225, ~8, and 2059. .:FORE, Pettoner prays that this Court declare that the portion of the Department's notice of D3 which reads: 'IGNITION INTERLOCK - You are required to have an approved Ignition ,installed in all of your vehicle(s) .... If you choose not to install the Ignition Interlock System in your vehicle unconstitutional, PeflJonefs ddvi subject to the p~ Dated: s), your driving privilege will remain suspended for an additional year' be declared illegal, and stricken as part of the Department's notice and direct that the Department reinstate the g privileges after the one (1) year suspension for the conviction for driving under the influence, fment of the restoration fee and providing proof of insurance. Respe[ctfully submitlLed, John q., ID No. 07212 Mancke, Wagner, Tully & Spreha 2233 N. Front Streel~, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner VERIFICATION that faJse staten falsifica'don to a~ Date hereby verify that the statements made in this document are true and correct. I understand ~ herein are mede subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn ~thorities. Scott A. Tilden COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA I7125 01115/05 SCOTT A l 1520 CENl NEWVILLE Dear MR. This is a must do t THIS LETl by the De privilege An ELIGIB to have are proce regardles Please re complete Unless an fees to t RESTORAI -You must driver's to ensur payable PROOF OF -Within 3 the foil register If you d send a s not own Please i of birth TERM SUS ILDEN ERVILLE RD PA 172ql DRIVER'S LICENSE NUMBER: 22711336 BIRTH DATE: Oq/lq/60 ELIGIBILITY DATE: 02/lq/03 TILDEN : RESTORATION REQUIREMENTS LETTER. It lists what you o restore your driving privilege. PLEASE BE AWARE THAT ER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified Dartment of Transportation (PennDOT) that your driving has been restored. Only after that may you drive. LITY DATE is listed above. This is the date you are eligible our driving privilege restored, provided no other violations ssed against your driving record. This date is effective s of any other dates listed within this letter. ad the following information carefully and be sure to ali requirements to have your driving privilege restored. other address is indicated, return any documents and/or he MAILING ADDRESS listed at the end of this letter. ION FEE pay a $75.00 restoration fee to PENNDOT. Write your license number (listed above) on the check or money order e proper credit. Your check or money order should be made to PENNDOT. INSURANCE 0 days of your ELIGIBILITY DATE, provide a. copy of one of owing to PENNDOT to show that all motor vehicles currently ed in Pennsylvania in your name are insured: ~Insurance ID card ~Declaration page of your insurance policy ~Insurance Binder wAn application of insurance to the PA Auto Insurance Plan o not own a motor vehicle currently registered in Pennsylvania, igned statement of this faCt to PENNDOT which reads "I do any motor vehicles currently registered in Pennsylvania". nclude your name, address, driver's license number and date on the statement. PENSION/REVOCATION LICENSE NO. : 2271133& -You havie a ! YEAR(S) suspension/revocation that began (or will be tion be The sus of Sect IGNITIO You are install your EL approve System -Interl -Consum -Nation -Americ -Guardi -Draege You wil before COUNTY CUMBERL Please If you vehicle additio IGNITION -In orde an Igni you to You may An appl gin) on 02/12/02. Credit for se~rving this suspension/revoca- gan (or will begin) on 02/1~/02 and will end on 02/1~/03. pension/revocation resulted from a violation on 0~/1~/01 ion 3731, DRIVING UNDER INFLUENCE N INTERLOCK required to have an approved Ignition Interlock System ed in all of your vehicle(s). AI3proximately 30 days before IGIBILITY DATE, you should contact one of the following d vendors listed below to make arrangements to have the installed. ock Installation Services - 1-800-~52-1739 er Safety Technology, Inc. - 1-877-777-5020 i Interlock, Inc. (serving Eastern PA) - 1-866-3~2-~984 n Court Services (serving Central/Western PA) - 1-888-565-6227 n Interlock Systems - 1-800-~99.-099~ Interlock, Inc. - 1-800-332-68!58 1 need to provide the vendor the following court information he System can be installed. COURT NUMBER COURT TERM .ND CTY 1470 2001 etain a copy of this letter to assist you in this process. hoose not to install the Ignition Interlock System in your s), your driving privilege will remain suspended for an aal year. INTERLOCK LICENSE to have your driving privilege restored you must apply for ion Interlock license. An Ignition Interlock license entitles ]rive only vehicles equipped with an Ignition Interlock System. make application 30 days BEFORE your eligibility date. [cation is enclosed for your convenience. 2 LICENSE NO. : 22711536 This lettler identified the requirements necessary to restore your driving p ivilege and we are looking forward to working with you to do this. Un,ess another address was indicated, return any documents and/or fees to t for your driver's documents P.S. REM MAILING A PENNDOT Bureau of P.O. Box Harrisbur he MAILING ADDRESS listed below. Phone numbers are provided use. To ensure prompt customer service, please write your license number, listed at the beginning of this letter, on all you send to PENNDOT. Thank you. EMBER, your ELIGIBILITY DATE is 02/14/05. DDRESS: Driver Licensing 6869~ g, PA 171~6-8695 INFORMATION C7:00 AM to 9:00 PM) IN STATE 1-800-952-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 3 SCOTI' A. TILDEN Pe~oner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL (FROM : IMPOSITION OF THE INTERLOCK : REQUIREMENT AND THE IMPOSITION OF : AN ADDITIONAL YEAR OF SUSPENSION FOR FAILURE TO COMPLY) ORDER OF COURT AND NOW, this ~r~{'' day of..~.~_~ ,2003, upon PetilJon of Scott A. Tilden, a hearing is set on the License Suspension Appeal for the. ~ //~ day of ~ 2003 at % , in Courtroom No. ~'~, Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. NolJce of said hearing shall be given by PelYdoner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Dis~ibulJon: Pmthonotary's Office Office of Chief Counsel, PA Deparlment of Transportation 1101 S. Front St., Harrisburg, PA 17104-2516 John B. Mancke, Esquire 2233 N. Front St., Harrisburg, PA 17110 BY~E CO SCOTT A. TILDEN Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-418 CIVIl_ TERM : : LICENSE SUSPI--NSION APPEAL (FROM : IMPOSITION OF' THE INTERLOCK REQUIREMENT : AND IMPOSITION OF AN ADDITIONAL YEAR : OF SUSPENSION FOR FAILURE TO COMPLY) SUPERSEDEAS ORDER AND NOW, this ~ day of ~"~L~,,~ ,2003, the above Petitioner, having previously filed a license suspension appeal (from imposition of the interlock requirement and imposilJon of additional year of suspension for failure to comply), and this Court, having on February 3, 2003 set a hearing for the license suspension appeal for the 21't day of April, 2003 at 2:00 pm in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, it is hereby ordered that the said license suspension appeal shall act as a supersedeas from the imposition of the interlock requirement and the imposition of an additional year of suspension for faihJre to comply and the Petitioner's driving privileges shall be reinstated when otherwise eligible (02-14-03) without the interlock requirement until the license suspension appeal which is pending has been resolved. The Department shall, therefore, reinstate the Petitioner's driving privileges on his eligibility date (02-14-03) without regard to the Act 63 interlock requirement, pending disposition of the license suspension appeal. A certified copy of this Order shall be hand-delivered to the Department of TransportalJon, Office of Chief Counsel. BY T~URT Judg~il~B.l~p_yley Distribution: Prothonotary's Office Office of Chief Counsel, PA Dept. of Transportation, 1101 S. Front St., Harrisburg, PA 1710,4-2516. JohnB. Mancke, Esq., 2233 N. Front Street, Harrisburg, PA 17110 co~/ ~e. r5ana[~ SCOTT A. TILDEN, : Petitioner : : V. : : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-0418 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of April, 2003, upon a motion for a continuance by petitioner, not opposed by the Department of Transportation, the motion is granted. The case will be recalled by either party following the disposition by the Supreme Court of cases that will resolve the current petition challenging the imposition of the ignition interlock device. By the Court, Edgar B. ~ayley, J. ~eorge H. Kabusk, Esquire For the Department of Transportation john B. Mancke, Esquire For Defendant prs SCOTT A. TILDEN, COMMONWEALTI- DEPARTMENT OF' BUREAU OF DRIVI AND NOW, filed in the above ref CORRECT THE RI PETITIONER COi~ INTERLOCK LAV* order as a condition t, petitioner's violation DISTRIBUTION: . George H. Kabusk, E Harrisburg, P, John B. Mancke, Esr PETITIONER i OF PENNSYLVANIA, tRANSPORTATION, ',R LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-0418 LICENSE SUSPENSION APPEAL ORDER lis qlr'~, day of ~/~ .. ,2003, the appeal reneed matter is REMANDED to the Department and the Department shall gCORD AND RESCIND TIlE REQUIREMENT TIlAT TIlE [PLY WITII TIlE REQUIREMENTS OF TIlE IGNITION ,42 Pa. C.S. 7001-7003, that the Depm'haent imposed without a court ~ the restoration of the petitioner's driving privilege as a result of the ,f Section 3731 of the Vehicle Code, violation date April 14, 2001. uire, PennDOT, Riverfront Office Center, 1101 South Front Street, 17104-2516 dre, 2233 North Front Street, Harrisburg, Pennsylvania 17110 OFFICE OF CHIEF COUNSEL -Vehicle & Traffic Law Division Riverfront Office Center I101 South Front Street Harrisburg ?A 17104-2516 The Honorable Edgar B. Bayley The Court of Commo~n Pleas of Cumberland County Cumberland County (Courthouse 1 Courthouse Square/ Carlisle, Pennsylvani~i 17013 October 31, 2003 Re: Scott ~ Coma Dear Judge Bayley: The above-reft the Department impo~, Department of Trans absence ora court or The matter w Based on the p influence and ignition with respect to the im interlock requiremenl was adopted the Sup~ (Pa. 2003), posted on regarding the issues c; aformentioned policy feel ethically bound te Please find enc Order remands the app interlock requirement I spoke to Mr. ~ and the proposed order GOVERNOR'S OFFICE OF GENERAL COUNSEL TELEPHONE: 717.787.2830 FAX: 717.705.1122 www.dot.state.pa.us Tilden v. Cmwlth. of Pennsylvania., Dept..of Trans., Court of on Pleas of Cumberland County, 03-0418, License Suspension Appeal xenced matter is an appeal of the imposition of the ignition interlock which ed without a court order. The petitioner challenged the authority of the )rtation to require the installation of an ignition interlock system in the directing such installation. See 42 Pa. C.S. §§ 7001-7003. continued generally. 'ovisions of the recently-enacted law addressing driving under the interlock, the Department adopted a policy in which it revised its position osition of the ignition interlock system and agreed to remove the ignition n those cases where it had not been ordered by the court. Since that policy ne Court issued Commonwealth of Pennsylvania v. Mockaitis, A.2d )ctober 17, 2003, which upholds several of the Department's p~sitions- aceming the ignition interlock. I made representations of the ) Attorney Mancke regarding this case which had been continued and I follow through with my representations. osed a proposed Order for the above-mentioned matter. The proposed ~al to the Department to update its records and remove the ignition ~hich was imposed by the Department without a court order. 4ancke, attorney for the petitioner, and he concurs with such a disposition Cc: John B. Mare Enclosure Very)fuly yours, George I~. Kabusk ~e, Esquire, 2233 North Front Street, Harrisburg, Pennsylvania 171 l0