HomeMy WebLinkAbout03-0814THOMAS B. MORRISON,
COMMONWEALTH OF PA
DEPARTMENT OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IGNITION INTERLOCK DEVICE APPEAL
PETITION
AND NOW, comes the Petitioner, Thomas B. Momson, by and through his
attorneys, Mancke, Wagner, Tully & Spreha, and files the following Petition from
the imposition of an i~ition interlock device:
1. Your Petitioner, Thomas B. Mon'ison, is an adult individual residing at
191 S. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Respondent, Commonwealth of PA, Department of Transportation,
Bureau of Driver Licensing has an address of P.O. Box 68693, Harrisburg, Dauphin
County, Pennsylvania.
3. The Petitioner herein was convicted in the Court of Common Pleas of
Perry County, at No. 481 of 2001, of driving under the influence of alcohol.
4. As a result of the aforementioned conviction, the Petitioner herein
suffered a one (1) year loss of license as provided as a result of the conviction for
driving under the influence.
5. At the time of sentencing, and since the time of sentencing, the Court of
Common Pleas of Perry County did not order the installation of an interlock
i~ifion device on vehicles owned and/or operated by the Petitioner herein.
6. No appeal was taken from the imposition of sentence, a copy of which
sentence is attached hereto, incorporated herein by reference, made a part hereof,
and marked as Exhibit A.
7. Despite the lower court no ordering the installation of any ignition
interlock, despite no appeal having been taken, the Commonwealth of
Pennsylvania, Department of Transportation, unilaterally imposed upon the
Petitioner herein the interlock ignition device as set forth in the letter of January 17,
2003, which constitutes a restoration letter, a copy of which is attached hereto,
incorporated herein by reference, made a part hereof, and marked as Exhibit B.
8. The requirement for the installation of the interlock ignition device in
order to restore Petitioner's hcense is invalid, unlawful, and void ab mitio for the
following reasons:
A. The statute under which the imposition occurred is unconstitutional;
B. The statute under which PennDOT imposed the requirement provides
that the Court shall order, which in this case the Court did not;
C. PennDOT does not have the authority to impose the ignition interlock
device absent a Court Order; and
D. PennDOT has acted arbitrarily, unilaterally, with authority, and
without jurisdiction.
9. For all of the aforementioned reasons, Petitioner believes and therefore
avers that at the expiration of his one (1) year suspension as a result of the
underlying DUI, his driving privileges must be restored as it is unlawful and
improper for the installation of the ignition interlock device to be unilaterally
required by PennDOT.
10. Because PennDOT has been on notice for a considerable period of time
that this imposition is unlawful, illegal, and without authority, Petitioner believes
and therefore avers that PennDOT should be assessed all legal fees incurred by the
Petitioner herein.
WHEREFORE, Petitioner prays this Court to grant relief as requested.
Respectfully submitted,
Mancke, Wagner, Tully & Spreha
By /'~~ ~
· ,~!ti~t~er, Esquire
I.I~. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
Date:
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
COMMONWEALTH
V.
THOMAS B. MORRISON
:IN THE COURT OF COMMON PLEAS
:OF THE 41ST JUDICIAL DISTRICT
:OF PENNSYLVANIA-
:PERRY COUNTY BRANCH
:NO. 481 of 2001
ORDER
AND NOW, February 14, 2002, sentence is that the defendant
pay the costs, pay a fine in the amount of $300, and undergo
imprisonment in the Perry County Prison minimum period forty-eight
cc:
(48) consecutive hours, maximum period twelve (12) months.
B~. E O ,
GLEY, P.J.
DA
Jerry Philpott, Esq.
Warden
Tpr. Houtz, PSP
File
FQiH_IBIT A
CFRTiFIED A TRUE COPY
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
HARRISBURG, PA 17125
01/17/05
THOMAS BLAINE MORRISON
191S LOCUST POINT ROAD
MECHANICSBURG PA 17055
DRIVER'S LICENSE NUMBER: 15965455
BIRTH DATE: 09/01/53
ELIGIBILITY DATE: 02/16/03
Dear MR. MORRISON :
This is a RESTORATION REQUIREMENTS LETTER. It lists what you
must do to restore your driving priviiege. PLEASE BE AWARE THAT
THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You wilI be notified
by the Department of Transportation (PennDOT) that your driving
privilege has been restored. Oniy after that may you drive.
An ELIGIBILITY DATE is listed above. This is the date you are eligible
to have your drivlng privilege restored, provided no other violations
are processed against your driving record. This date is effective
regardless of any other dates listed within 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.
RESTORATION FEE
-You must pay a $25.00 restoration fee to PENNDOT. Write your
driver's Iicense number (Iisted above) on the check or money order
to ensure proper credit. Your check or money order should be made
payabIe to PENNDOT.
PROOF OF INSURANCE
-Within 30 days of your ELIGIBILITY DATE, provide a copy of one of
the foliowing to PENNDOT to show that aIi motor vehicies currentiy
registered in Pennsyivania in your name are insured: *Insurance ID card
*DecIaration page of your insurance policy
*Insurance Binder
*An application of insurance to the PA Auto Insurance Plan
If you do not own a motor vehicle currentIy registered in Pennsyivania,
send a signed statement of this fact to PENNDOT which reads "I do
not own any motor vehicles currently registered in Pennsylvania".
Please incIude your name, address, driver's iicense number and date
of birth on the statement.
TERM SUSPENSION/REVOCATION
EXHIBIT B
LICENSE NO. : 15965455
-You have a I YEAR(S) suspension/revocation that began (or
will begin) on 02/14/02. Credit for serving this suspension/revoca-
tion began (or will begin) on 02/16/02 and will end on 02/16/03.
The suspension/revocation resulted from a violation on 09/21/01
of Section 3751, DRIVING UNDER INFLUENCE
IGNITION INTERLOCK
You are required to have an approved Ignition Interlock System
installed in ali of your vehicle(s). Approximately 50 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-q52-1739
-Consumer Safety Technology, Inc. - 1-877-777-5020
-National Interlock, Inc. (serving Eastern PA) - 1-866-3~2-4984
-American Court Services (serving Central/Western PA) - 1-888-565-6227
-Pennsylvania Interlock - 1-866-718-8606
-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
PERRY COUNTY q81 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 will remain suspended for an
additional year.
IGNITION INTERLOCK LICENSE
-In order to have your driving privilege restored you must apply for
an Ignition Interiock Iicense. An Ignition Interiock Iicense entities
you to drive only vehicles equipped with an Ignition Interiock System.
You may make application 30 days BEFORE your eIigibility date.
An appiication is enciosed for your convenience.
LICENSE NO. : 15965455
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 below. 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 02/16/03.
HAILING ADDRESS:
PENNDOT
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (7:00 AM to 9:00 PM)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-391-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-391-6191
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LICENSE NO. : 15965~55
IGNITION INTERLOCK LICENSE APPLICATION
To apply for an Ignition Interlock license, please sign below
and submit this page with a check or money order in the amount of
812.00 to the mailing address listed at the bottom of this letter.
Your check or money order should be made payable to PENNDOT.
DRIVER'S LICENSE NUMBER - 15965455
THOMAS BLAINE MORRISON
191 S LOCUST POINT ROAD
MECHANICSBURG PA 17055
SIGNATURE TELEPHONE NO:
If your address has changed, please print the correct address here:
If you choose not to install an Ignition Interlock System, you do
not have to apply for an Ignition InterIock license.
MAILING ADDRESS:
PENNDOT
P.O. Box 68695
Harrisburg, PA 17106-B693
CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of
MANCKE, WAGNER, TULLY and SPREHA, do hereby certify that I am
this day serving a copy of the foregoing document to the
following person and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Criminal
Procedure, by depos£ting the same in the United States Mail,
Harrisburg, Pennsylvania, certified mail, return receipt
requested, and addressed as follows:
Office of Chief Counsel
Department of Transportation
1101 South Front Street
Harrisburg, PA 17104
By
Debra K. p' ~r, Secretary
MANCKE, WAGNER & TULLY
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for Thomas B. Morrison
THOMAS B. MORRISON,
Mo
COMMONWEALTH OF PA
DEPARTMENT OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
· IGNITION INTERLOCK DEVICE APPEAL
AND NOW, this o~ ~/7~ day of ,_~z.,.d ~ &/'c~c ~ 2003, upon Petition of
Thomas B. Mon'ison, a Rule is hereby issued upon the Commonwealth of Pennsylvania,
Department of Transportation, to show cause why he should not his license returned.
RULE RETURNABLE the :2 ~ day of "~')[ ~/~ ,2003, at / d: ~ d)
o'clock .c~..m. in Courtroom No. q of the Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania.
IT IS EXPRESSLY ORDERED AND DECREED that pending the outcome of the
appeal, the Commonwealth of Pennsylvania, Departmem of Transportation, shall restore the
operating privileges of the Petitioner herein.
BY THE COURT:
THOMAS B. MORRISON
VS.
COMMONWEALTH OF PA.,
DEPT. OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-814 CIVIL
IN RE: IGNITION INTERLOCK DEVICE APPEAl,
BEFORE HESS, J.
ORDER
AND NOW, this 2o~ day of May, 2003, upon consideration of Appellant's Petition
for Appeal from Imposition of Ignition Interlock Requirements, and for the reasons stated in the
accompanying opinion, the appeal is sustained to the extent that the portion of the Department of
Transportation's January 17, 2003 notice requiring him to equip his vehicles with ignition
interlock systems, as a prerequisite to scheduled restoration of his driving privilege, is rescinded.
BY THE COURT,
P. Richard Wagner, Esquire
For the Petitioner
Hess, J.
George Kabusk, Esquire
For PennDOT
:rlm
THOMAS B. MORRISON
VS.
COMMONWEALTH OF PA.,
DEPT. OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-814 CIVIL
IN RE: IGNITION INTERLOCK DEVICE APPEAIJ
BEFORE HESS, J.
OPINION AND ORDER
This is an appeal from action taken by the Commonwealth of Pennsylvania, Department
of Transportation, Bureau of Driver Licensing. The appellant seeks rescission of that portion of
a Restoration Requirements Letter which requires him to drive only vehicles equipped with an
ignition interlock system.
There is no dispute regarding the facts. On February 14, 2002, the defendant was
sentenced on a count of driving under the influence to pay a fine of $300.00 and undergo
imprisonment in the Perry County Prison for not less than forty-eight hours nor more than twelve
months. Judge Quigley did not include a requirement that the appellant install an ignition
interlock system in his vehicle.
Almost a year later, the Department of Transportation sent Mr. Morrison a Restoration
Requirements Letter dated January 17, 2003. One of the requirements set out in the letter was
that the appellant install an approved ignition interlock system in each vehicle that he owns. His
appeal from this requirement was taken on February 25, 2003. The Commonwealth has moved
to quash the appeal as untimely.
03-0814 CIVIL
With regard to the timeliness of the appellant's petition, we are satisfied that under the
authority of Watterson v. Commonwealth if Penns~artment of Transportation Bureau
of Driver Licensing, 816 A.2d 1225 (Pa. Commw. 2002), Mr. Morrison's appeal may be heard.
In Schneider v. Pennsylvania Department of Transportation, 790 A.2d 363 (Pa. Commw.
2002), the Commonwealth Court held that PennDOT has no unilateral authority to impose
ignition interlock device requirements if the court fails to do so. In this case, Judge Quigley's
sentencing order did not include such a requirement. Accordingly, Schneider controls the
outcome of the instant matter.
ORDER
AND NOW, this 2o ~ day of May, 2003, upon consideration of Appellant's Petition
for Appeal from Imposition of Ignition Interlock Requirements, and for the reasons stated in the
accompanying opinion, the appeal is sustained to the extent that the portion of the Department of
Transportation's January 17, 2003 notice requiring him to equip his vehicles with ignition
interlock systems, as a prerequisite to scheduled restoration of his driving privilege, is rescinded.
BY THE COURT,
P. Richard Wagner, Esquire
For the Petitioner
/~A. Hess, J.
George Kabusk, Esquire
For PennDOT
:rlm
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