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HomeMy WebLinkAbout03-1439Mark A. Bream, Appellant Vo Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: 03~/tt3,7 Civil Term PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS 1. Appellant herein is Mark A. Bream, residing at and having a mailing address off C Street, PO Box 553, Carlisle, PA 17013. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania (PennDOT), having a mailing address of: Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. This Honorable Court convicted Appellant on one count of violating 75 Pa.C.S. §3731(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. Due to Appellant's DUI conviction, PennDOT suspended Appellant's driving privileges for a period of 1 year pursuant to 75 Pa.C.S. §1532(b) for the DUI conviction. 6. Appellant's 1 year suspension pursuant to 75 Pa.C.S. §1532(b) ends on May 2, 2003. 7. PennDOT sent Appellant a Restoration Requirements Letter dated November 12, 2002, whereby PennDOT informed Appellant that his suspension will continue for one additional year if he does not install an ignition interlock device on every vehicle he owns. If Appellant does not comply, PennDOT will not restore Appellant's driving privileges on May 2, 2003, and Appellant will serve another one-year suspension for not installing an ignition interlock device. (A copy of the letter is attached hereto and marked as Appellant's Exhibit "A"). 8. Appellant appeals only 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 this Court in order to restore his driving privileges. 9. 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). 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. Iteberlig v. Commonwealth, ~ Cumberland L.J. ~ (December 19, 2002). 11. On February 7, 2003, the Commonwealth Court issued an opinion similar to Judge Bayley's in Heberlig. Watterson v. Department of Transportation, Bureau of Licensing, ... A.2d ~ (Pa. Cmwlth. No. 1055 C.D. 2002). The Commonwealth Court held that PennDOT cannot quash as untimely an appeal challenging its unilateral imposition of ignition interlock devices because such an imposition by PennDOT is without authority of law and void ab initio. 12. Following the holdings and reasoning of Schneider, Heberlig, and Watterson, 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, Appellee restore Appellant's driving privileges supersedeas pursuant to 75 Pa.C.S. §1550(b) pending said hearing, and Appellee's imposition of ignition interlock devices on Appellant's vehicles be set aside. Date: Respectfully Submitted, Paul Bradford Orr, ~St~ttire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Mark A. Bream, Appellant Vo 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 tree 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 Date: Office of Chief Counsel Third Floor Riverfront Office Center Harrisb~~4-2516~,~& By: M ¥ ~ Paul Bradford. Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 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. DATE: Mark A. Bream COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 11/12/02 MARK ARTHUR BREAM C STREET PO BOX 553 CARLISLE PA 17013 DRIVER'S LICENSE NUMBER: 17617842 BIRTH DATE: 08/18/56 ELIGIBILITY DATE: 05/02/03 Dear MR. BREAM : 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. 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 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 license number (listed above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PENNDOT. PROOF OF INSURANCE -Within 30 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 in your name are insured: *Insurance ID card *Declaration 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 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. LICENSE NO. : 17617842 PAGE 2 TERM SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or will begin) on 04/02/02. Credit for serving this suspension/revoca- tion began (or will begin) on 05/02/02 and will end on 05/02/03. The suspension/revocation resulted from a violation on 08/12/01 of Section 3731, DRIVING UNDER INFLUENCE IGNITION INTERLOCK You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 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 - 1-800-452-1739 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. (serving Eastern PA) - 1-866-342-4984 -American Court Services (serving Central/Western PA) - 1-888-565-6227 -Guardian Interlock Systems - 1-800-499-0994 -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 2566 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. LICENSE NO. : 17617842 PAGE 3 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 MAILING 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 05/02/03. MAILING 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 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG,. PA 17123 ii/i2/02 MARK ARTHUR BREAM C STREET PO BOX 553 CARLISLE PA 17013 023167329503164 ooi ii/i2/o2 i76i7842 o8/i8/56 Dear MR. BREAM : The court has notified PENNDOT of the completion of your prison term. Pursuant to Section 1541 of the Vehicle Code, credit toward serving your suspension or revocation could not start until you were released from prison. This is an official notification that credit has begun towards serving your suspension or revocation. This letter does not authorize you to operate a motor vehicle. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (7:00 AM to 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD ~ ~_'E 1-800-228-0676 TD~ OU OF-STATE 717-391-6191 Mark A. Bream, Appellant Vo Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.' 0 =3 ~ ! ~'.5 ;~ Civil Term ORDER AND NOW thi '~ fc~ Fi ' ~ , s ,.9 day of~[p~ \ , 2003, upon consideration of Appellant's appeal, a hearing shall be held on the a~0'q~ day of ~ , 2003, atcf.~OO o'clock ~. MinCounroomNumber ~ iC-~mbcrland~ount - · - . y Courthouse, Carlisle, Pennsylvania. AND NOW, pending said hearing, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to 75 Pa.C.S. §1550(b) and case law cited herein. Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 BY T Jo Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 MARK A. BREAM, : Appellant : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1439 CIVIL TERM RDER F RT AND NOW, this 2nd day of June, 2003, this matter having been called this date on an appeal from a license suspension involving an issue as to the second year of the suspension in the guardian interlock device, the case is continued generally to the call of either party following resolution of issues currently before the Supreme Court of Pennsylvania. By the Court, Edgar B.%/Ba 'le~, George H. Kabusk, Esquire For the Department of Transportation Paul B. Orr, Esquire For Defendant prs Jo VlkYA]XSNN-~d MARK A. BREAM, PETITIONER COMMONWEALTH (~F PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1439 LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~ day of__ ,2003, the appeal filed in the above refe~ ..nced matter is REMANDED to the Department and the Department shall CORRECT THE RE CORD AND RESCIND THE REQUIREMENT THAT THE PETITIONER COM 'LY 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 t{ he restoration of the petitioner's driving privilege as a result of the petitioner's violation { Section 3731 of the Vehicle Code, violation date August 12, 2001. BY THEf',~g::rI~T DISTRIBUTION: %~ J' ~'emrge H. Kabusk, E{quir¢, Prom DOT, Riv~ffront Office Center, 1101 South Front Street, Hardsburg, P~ 17104-2516 . ,,l~ul B. Orr, Esquire,pO East High Street, C~rlisle, Penns¥1v~ma, 1 ?013 k. OFFICE OF CFIIEF COUNSEL - Vehicle & Traffic Law Division Riverfront Office Center IlOI South Front Street Harrisburg PA 17104-2516 October 24, 2003 The Honorable Edgar ]~. Bayley The Court of Common;Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania ~17013 Re: Mark A. Bream v. Cmwith. of Pennsylvania., Dept.. of Trans., Court of CommOn Pleas of Cumberland County, 03-1439, License Suspension Appeal Dear Judge Bayley: The above-refdrenced 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 Department of TranspOrtation to require the installation of an ignition interlock system in the absence of a court ord~ directing such installation. See 42 Pa.C.S. §7002. The matter was continued generally. Based on the pt:ovisions 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 wilh 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 represe,tations of such policy to Attorney Orr regarding this case whichhad been continued and I feel ethically bound to follow through with my representations. Since that policy was adopted the Supr~n~me Court issued Commonwealth of Pennsylvania v. Mockaitis,, _ A.2d.. _ (Pa. 2003), posted onDctober 17, 2003, which upholds several of the Department s pos~t~ons regarding the issues c~ncerning 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 Iwhich was imposed by the Depm'tment 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 COUNtEL TELEPHONE: 717.787.2830 FAX: 717.705.1122 www.dot.state.pa.us Very truly yours, Cc: Paul B. Orr, Es~quire, 50 East High Street, Carlisle, Pennsylvania 17013 Enclosure