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HomeMy WebLinkAbout03-0426George W. Naugle, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: ~.~ -~,,~ Civil Term PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS 1. Appellant herein is George William Naugle, residing at and having a mailing address of:2 Station Road, Newville, PA 17241. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania (PennDOT), having a mailing address of: Pennsylvania Department of Transportatiom Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. On January 8, 2002, appellant was convicted in this Honorable Court for violating 75 Pa.C.S. §373 l(a), Driving Under the Influence. 4. This Honorable Court's sentence for this violation did not include a requirement to install ignition interlock devices on vehicles owned by Appellant. 5. PennDOT suspended Appellant's driving privileges for a period of 1 year pursuant to 75 Pa.C.S. §1532(b) for the DUI conviction. The suspension began on February 14, 2002, and was to run through February 14, 2003. 6. By letter or notice dated March 8, 2002, PennDOT notified Appellant that his operator'.s license would be suspended for an additional year if Appellant did not install an ignition interlock device on all vehicles owned by him. (A copy of the letter is attached hereto and marked as Appellant's Exhibit "A"). 7. Appellant only appeals the ignition interlock requirement that PennDOT imposed unilaterally without an order to do so from this Honorable Court. Appellant complied, or will comply, with all other requirements imposed by PennDOT in order to restore his driving privileges as well as with all requirements ordered by this Honorable Court as part of his sentence. 8. On January 11, 2002, the Commonwealth Court of Pennsylvania held that "the trial court has jurisdiction over driver license suspension appeals and ... the plain language of the Act does not permit PennDOT to have independent authority to impose installation of an ignition interlock device." Schneider v. Commonwealth, 790 A.2d 363 (Pa. Cmwlth. 2002). 9. Following the holding of Schneider, Appellant asserts that PennDOT's imposition of ignition interlock requirements is unlawful in that it was done unilaterally without legal authority and in the absence of the imposition of those requirements by this Honorable Court. 10. On December 19, 2002, The Honorable Edgar B. Bayley issued an opinion stating that PennDOT's actions are null and void when it orders the imposition of an ignition interlock device in the absence of an order to do so by a trial court. For this reason, appeals from PennDOT's unilateral ordering of ignition interlock devices cannot be quashed as untimely. Heberlig v. Commonwealth, ~ Cumberland L.J. (December 19, 2002). 11. On December 30, 2002, the Commonwealth Court issued an unreported opinion similar to Judge Bayley's in Heberlig. Ceykovsky v. Commonwealth, No. 1501 C.I). 2002 (i)ecember 30, 2002). The Commonwealth Court held that PennDOT cannot quash as untimely an appeal challenging its unilateral imposition of ignition interlock devices because such a requirement by PennDOT is void ab initio. The Commonwealth Court also held that in such circumstances, nunc pro tunc appeals are appropriate. 12. Following the holdings and reasoning of Schneider, Heberlig, and Ceykovsky, appellant asserts that PennDOT's imposition of ignition interlock devices is unlawful in that it was done unilaterally without legal authority because this Honorable Court did not include such a requirement as part of Appellant's original sentence. WHEREFORE, Appellant respectfully requests this matter be set down for a hearing, PennDOT restore Appellant's driving privileges supersedeas pursuant to 75 Pa.C.S. §1550(b) pending said hearing, and PennDOT's imposition of ignition interlock devices on Appellant's vehicles be set aside. Respectfully Submitted, Attomey for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 03/08/02 GEORGE WILLIAM NAUGLE 2 STATION ROAD NEWVILLE PA 172~1 DRIVER'S LICENSE NUMBER: 15855100 BIRTH DATE: 09/25/52 ELIGIBILITY DATE: 02/lq/05 Dear MR. NAUGLE 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 w/il be not/f/ed by the Department of Transportation (PennDOT) that your dr/ving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed w/thin this letter. 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 MAILING ADDRESS listed at the end of this letter. PROOF OF INSURANCE -Within 50 days of your ELIGIBILITY DATE, provide a copy of one of the following to PENNDOT to show that all motor vehicles currently registered in Pennsylvania An your name are insured: ~Insurance ID card ~Ueclaration page of your insurance policy ~Insurance Binder wAn application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. TERM SUSPENSION/REVOCATION -You have a i YEAR(S) suspension/revocation that began (or will beg/n) on 02/12/02. Credit for serving this suspension/revoca- tion began (or will begin) on 02/lq/02 and will end on 02/lq/05. The suspension/revocation resulted from a violation on 07/15/01 of Section 5751, DRIVING UNDER INFLUENCE LICENSE NO, = 15855100 1GN[TION INTERLOCK You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately $0 days before your ELIGIBILITY DATE~ you should contact one of the following approved vendors listed below to make arrangements to have the System installed. -Interlock Installation Services - 1-800-452-1759 -Consumer Safety Technology~ Inc. - 1-877-777-5020 -National Interlock~ Inc. (serving Eastern PA) - 1-866-$42-4984 -American Court Services (serving Central/Nestern PA) 1-888-565-6227 -Guard-ian Interl-ock Sy~tee~5 - 1-800-499-0994 -Draeger Interlack, Inc. 1-800-$85-8666 You will need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 1780 2001 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 w111 remain suspended for an additional year. This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated~ return any documents and/or fees to the HAILING ADDRESS listed belowo 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 PENNDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 02/14/05. MAILING ADDRESS= PENNDOT Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 INFORMATION (7=00 AM to 9=00 PH) IN STATE 1-800-952-4600 OUT-OF-STATE 717-$91-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-591-6191 George W. Naugle, ApPellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term CERTIFICATE OF SERVICE I herebY certify that on this date, I mailed a true copy of a Petition for Appeal from Imposition of Ignition Interlock Requirements by the Department to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center ~'~ Bradfor~l~ffi Esquire Attorney for Appellant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. George W. Naugle, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Od --/,/~(~ Civil Term 5 day of ~ AND NOW, this appeal, a hearing shall be held on the ~1~ ~i [~ o'clock P M in Courtroom Number __ Carlisle, Pennsylvania. ORDER day od~' ,2003, upon consideration of Appellant's 206.~_~ Cumberland County Courthouse, AND NOW, Appellee is hereby ORDERED to reinstate Appellant's driving privilege supersedeas pursuant to 75 Pa.C.S. §1550(b) pending the outcome of said hearing. Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 BY .~. 03~O3 GEORGE W. NAUGLE, : Appellant : : U. : : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : APPELLEE : NO. 03-0426 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of April, 2003, upon a motion for a continuance by appellant, 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar B. Bayley, J. G/Ge/~eorge H. Kabusk, Esquire For the Department of Transportation ~ B. Orr, Esquire For Defendant prs GEORGE W. NAUGLE, PETITIONER COMMONWEALTH DEPARTMENT OF I BUREAU OF DRIVE OF PENNSYLVANIA, RANSPORTATION, LICENSING, R. ESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4261 LICENSE SUSPENSION APPEAL AND NOW, filed in the above refea CORRECT THE RE PETITIONER COM INTERLOCK LAW order as a condition tc petitioner's violation c ORDER is '-~'~ day of ~~"-- ,2003, the appeal enced matter is REMANDED to the Department and the Department shall CORD AND RESCIND THE REQUIREMENT THAT THE ?LY WITH THE REQUIREMENTS OF THE IGNITION 42 Pa. C.S. 7001-7003, that the Department 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 July 13, 2001. otSeo ge H. Kabusk, Es~luire, PennDOT, Riverfzont Office Center, 110 l~outh Front Street, Harrisburg, PAI17104-2516 '~ o/Paul B. Orr, Esquire, 5p East High Street, Carlisle, Pennsylvania, 17013/ / IO',q.?-d25 OFFICE OF CHIEF COUNSEL -Vehicle & Traffic Law Division Riverfront Office Center I101 South Front Street Harrisburg PA 17104-2516 Edgar ~. Bayley The Honorable The Court of Commoll Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, Permsylvania 17013 October 24, 2003 Re: George~ W. Naugle. v. Cmwlth. of Pennsylvania., Dept. of Trans., Court of CommOn Pleas of Cumberland County, 03-426, License Suspension Appeal Dear Judge Bayley: The above-referenced matter is an appeal of the imposition of the ignition interlock which the Department imposed without a court order. The petitioner challenged the authority of the Depamnent of Transportation to require the installation of an ignition interlock system in the absence ufa court order directing such installation. See 42 Pa.C.S. §7002. The matter waft continued generally. Based on the provisions of the recently-enacted law addressing driving under the influence and ignition interlock requirements, the Department adopted a policy in which it revised its position with respect to the imposition of the ignition interlock system and agreed to remove the ignition interlock requirement in those cases where it had not been ordered by the court. I made represenlations of such policy to Attorney Orr regarding this case which had been continued and I feel e~ically bound to follow through with my representations. Since that policy was adopted the Supre~ne Court issued Commonwealth ofPenn3ylvania v. Mockai, tis, A.2d (Pa. 2003), posted on O~ ctober 17, 2003, which upholds several of the Department s p~sitions- regarding the issues col~ceming the ignition interlock. Please find enclosed a proposed Order for the above-mentioned matter. The proposed Order remands the appeal to the Department to update its records and remove the ignition interlock requirement '&hich was imposed by the Department without a court order. I spoke to Mr. Orr, attorney for the petitioner, and he concurs with such a disposition and the proposed order. ~ GOVERNOR'S OFFICE OF GENERAL COUNSEl TELEPHONE: 717.787.2830 FAX: 717.705.1122 www.dot.state.pa, us Cc: Paul B. Orr, Es~luire, Enclosure Very truly yours, Geo3gd H?Kabusk 50 East High Street, Carlisle, Pennsylvania 17013