HomeMy WebLinkAbout03-1498SARA L. MUNIZ
Petitioner
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. /??
LICENSE SUSPENSION APPEAL (FROM
IMPOSITION OF THE INTERLOCK
REQUIREMENT AND THE IMPOSITION OF
AN ADDITIONAL YEAR OF SUSPENSION
FOR FAILURE TO COMPLY)
LICENSE SUSPENSION APPEAL
AND NOW, comes Petitioner, Sara L. Muniz, by and through her attorneys, Mancke, Wagner, Tully
& Spreha, and makes the following averments in support of this License Suspension Appeal:
1. PetilJoner, Sara L. Uuniz, is a Pennsylvania licensed driver wi~ a residence address of 204 S. Front
Street, Wormleysburg, Cumberland County, PA.
2. Respondent, Pennsylvania Deparlrnent 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. Petitioner received a notice of license suspension by way of letter dated March 7, 2003 from the
Department of Transportation indicating, in perlJnent part, =Before your d#ving 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 additional year. You will receive more information regarding this
requirement approximately 30 days before your eligibility date." Said notice is attached hereto as Exhibit
and incorporated herein by reference.
4. The above-mentioned provision, as part of the Department's notice of March 7, 2003, 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 Cumberland 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 for an additional year. See Schneider v. Penn Dot. 790 A.2d
363 (Pa. Cmwlth. 2002).
(b)
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 o#ginalpurpose.' Const ArL 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 restitution for identity theft along with ignition interlock
requirements. Const. Art. III, §3.
(d)
The provisions of Act 63 are unconstitutional in that it violates Ar'dcle 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 dghts 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 from intoxicated ddvers.
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 cdminal proceeding, is not administrative in
nature and inter[eres with the sentencing power of the court as it
requires the court to certify to the executive branch (Penn Dot) whether
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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. Uockaiti,,~, 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 Petitioner's dghts under Article, I, §9 of the Pennsylvania
Constitution and the 5th Amendment of the Unites States Constitution.
Penn Dot has waived any perceived authorization to have the ignition
interlock requirements and/or extend the license suspension by its
failure to fie an appeal, within 30 days of notice of the court's failure to
impose such requirements on the Petitioner.
5. Petitioner requests the court take judicial notice of Senate Bill 849 and all of its prior forms prior to
becoming Act 63 of 2000 including the legislative summary obtained from the Pennsylvania State website,
www.legis.state.pa, us, in chronological order beginning with the summary and pdnter numbers 952, 1225,
1814,1918,2038, and 2059.
WHEREFORE, Pe~oner prays that this Court declare that the portion of the Department's notice of
March 7, 2003 which reads: '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 resuit of your conviction
for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain
3
suspended for an additional year. You will receive more information regarding this requirement approximately
30 days before your eligibility date" be declared illegal, unconstitutional, and stricken as part of the
Department's notice and direct that the Department reinstate the Pe~Joner's driving privileges after the one
(1) year suspension for the conviclion for driving under the influence, subject to the payment of the restoraOon
fee and providing proof of insurance.
Respe~d,
John B. Mancke, Esq., ID No. 07212
Mancke, Wagner, Tully & Spreha
2233 N. Front Street, Harrisburg, PA 17110
717-234-7051, Attorney for Petitioner
VERIFICATION
I hereby verify that the statements made in this document are ~'ue 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.
Date -~~~
5
SARA L MUNIZ
204 S ?RONT ST
WORMLEYSBURG PA
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: MARCH 07, 2003
17042
WID ~ 030596117920814 001
PROCESSING DATE 02/28/2003
DRIVER LICENSE ~ 20053405
DATE OF BIRTH 06/29/1963
Dear MS. NUNIZ:
LICENSE IN BUREAU
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1532B of the Pennsylvania
Vehicle Code. As a result of Your 08/27/2002 conviction of
vio&atlng Section 3711 of the Vehicle Code DR~VINB UN~£R
INFLUENCE on
Your driving mrivilege &s SUSPENDED fop
YEAR(S) e~ective Ol/iq/~O03 at l~:Ol a.m.
WARN;NO: ;f You are convicted of driving while Your
license is sUsPended/reVoked the nenalties will be a
H~N~MUH of 90 days imprisonment AND a 9l,O0O fine AND
Your driving Privilege will be suspended/revoked ~or
.................... a M~NINUM-.~--year
Before Pen'nDOT can restore Your driving privilege, You must
follow the instructions in this letter for COMPLYING WITH
THI~ SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. You Should ~0110w ALL instructions very
caPe~ully. Even t~ you have served all the time
susuenslon/Pevo.catlon, we cannot peStop on the
~Pivtlege Until ail the .......... e your drivlng
,'=~u~remen~s aPe. sa~is~ted.
PRISON RELEASE REQUIREMENT (ACT151)
The Court of CUMBERLAND CTY, Court Number 1284, Court Term
2002 has sentenced you to serve a prison term for this
violation. Pursuant to section IBql{a.1) of the Vehicle
Code, you will not receive credit for this
su~pension/revocati~n or 'any additional
suspension/revocation until you complete yQur Prison term.
The Court must certify your compietion to PennOOT. You may
wish to contact your probation officer and/or the Court
notified,
COURT ORDER TREATMENT PROGRAM (ACT 122)
Pursuant to Section I548(d) of the Vehicle Code, the Court
of CUMBERLAND CTY , Court Number [28q, Court Term 2002 has
ordered you to attend a treatment mrogram for alcohol or
drug addiction. As a result of the court order, this
suspension/revocation shall remain in effect until the
Department is notified by the above Court that you have
successfully commleted treatment and you are otherwise
eligible for restoration of your driving orivilege.
PAYING THE RESTORATION FEE
You must pay a restoration fee to PennDOT to be restored
from a suspension/revocation of your driving privilege. To
pay your restoration fee, complete the following steps:
l. Return the enclosed Application for Restoration. The
amount due is listed on the application.
2. Write your driver's license number (listed on the first
.......... Page)- o~ the dheCk"'~r'' m~eY order" ~o- ~n's~"re "~F~-~F'-
credit.
Fol[o~ the pa~ent and mailing instructions on the back
of the application.
IGNITION INTERLOCK
Before your driving privilege can be restored you are
required b~ law to have all vehicle(s) owned by you to be
equipped with an Ignition Interlock System. This is a result
of y~ur conviction for Driving Under the Influence. If you
fail to compl~ with this reQuirement~ ~our driving privilege
will remain suspended for an additional year. You will
receive more information regarding th~s requirement
approximately 50 days before your eligibilit~ date.
0~059611792081~
PROVIDING PROOF OF INSURANC£
Within the last ]0 days of your suspension/revocation, we
will send you a letter asking that you provide proof of
insurance at that time. This letter will list acceptable
documents and what wiIi be needed if you do not own a vehicle
registered in Pennsylvania.
ImPoPtant: 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
..... ~i~d'"a-[ ~'~-~'d--~---~-~-~-"~'~. - ................................
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, MARCH 07, 2005, of this letter. ~f yOU file an a~peal
in the County Court) the Coupt will give you a time-stammed
cePtified copy of the appeal. In order for your appeal to
be valid, you must send this time-stamped certified copy of
the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg~ PA I71~q-2516
Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZDN.
Sincerely,
Rebecca L. ~ickley, Director
~ureau of Driver Licensing
INFORMATION 7:00 a.m. to 9:00 p.m.
IN STATE 1-800-9~2-~&00 TDD IN STATE
OUT-OF-STATE 717-5~1-6190 TDD OUT-OF-STATE
WE) SITE ADDRESS www.dot.state.pa.us
1-800-228-067~
717-$91-6191
SARA L. MUNIZ
Petitioner
Vo
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
· ,o.
LICENSE SUSPENSION APPEAL (FROM
: IMPOSITION OF THE INTERLOCK
: REQUIREMENT AND THE IMPOSITION OF
AN ADDITIONAL YEAR OF SUSPENSION
: FOR FAILURE TO COMPLY)
ORDEROFCOURT
AND NOW, this ~ day of /'~-_~d/~..~ 20(~, upon Petition of Sara L. Uuniz, a hearing
/ '
is set on the License Suspension Appeal for the ..~/~ dayof ~ ,20~at//,.,~-~,cL.m'
in Courlroom No.... ¢, Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania.
Notice of said hearing shall be given by Pe~tioner's counsel to the Department of Transportation at
least sixty (60) days prior to the date of said hearing.
BY THE COURT:
Distribution., ' ~'~'//~ '
· '/~rothonota; s Oflice /
~c~e,o~f C_hief Counsel, .PA Department of Transportatio~f
/,_[~ ~..~'ro.nt SI, Hamsburg, PA 17104-2516
'""~u;~3 ;'N~ ~:nr~) ~:s.q u're'
· [., Harrisburg, PA 17110
q-q-o3
SAR3t L. MUNIZ, :
Petitioner :
COMMONWEALTH OF PA, :
DEPARTMENT OF :
TRANSPORTATION, BUREAU OF :
DRIVER LICENSING, :
Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVkNIA
03-1498 CIVIL TERM
LICENSE SUSPENSION APPEAL (FROM
IMPOSITION OF THE INTERLOCK
REQUIREMENT AND THE IMPOSITION OF
AN ADDITIONAL YEAR OF SUSPENSION
FOR FAILURE TO COMPLY)
IN RE: HEARING CONTINUED
ORDER OF COURT
AND NOW, this 2nd day of June, 2003, on motion
of counsel for the Appellant, hearing herein is continued
generally pending the resolution of certain underlying issues in
the Appellate Court.
By the Court,
/
h~hr B. Mancke, Esquire
~233
North Front Street
Harrisburg, PA 17110
rthe Petitioner
ge Kabusk, Esquire
Office of Chief Counsel
PA Department of Transportation
1101 S. Front Street
Harrisburg, PA 17104-2516
For the Respondent
:mae
A. Hess, J.
SARA L. MUNIZ,
PETITIONER
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 03-1498
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this 5-" day of A).o ~ ,2003, the appeal
filed in the above referenced matter is DENIED in part and REMANDED in part. The
petitioner's appeal is DENIED regarding the one year suspension imposed under 75 Pa. C.S.
1532(b) as a consequence of the petitioner's conviction on Aug~st 27, 2002, for a violation of 75
Pa.C.S. 373 l(a) on March 2, 2002. The petitioner's appeal is RlgMANDED to the Department
and the Department shall CORRECT THE RECORD AND RESCIND THE
REQUIREMENT TI~AT THE PETITIONER COMPLY 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 to the restoration of the petitioner's driving privilege
as a result of the petitioner's violation of Section 3731 of the Vehicle Code, violation date March
2, 2002. The Department represents that the petitioner is due credit for the one year suspension
from January 14, 2003, to April 1, 2003.
BY THECOURT
DISTRiBUTION: f e~Cen
t,George H. Kabusk, Esquire, PennDOT, Riverfi-ont O ter, 1101 South Front Street,
/J/Jo Harrisburg, PAl 17104-2516
Im B. Mancke, Esquire, 2233 North Front Street, Harrisburg, ;Pennsylvania 171 t0