The URL can be used to link to this page

Home My WebLink About03-2183IN THE COURT OF CO14~iON PLEAS OF CUNBERLANB COUNTY COI~40~THOF PENNSYLVANIA 9th JUDICTAL DISTRICT ROBERT EUGENE KITZNILLER, Petitioner, CO~iO~lqtOF PENNSYLVANIA, DEP~R~IqT OF TRANSPORTATION, Bureau of Driver Licensing, Civil Division PETITION FOR APPEAL FRO14 A CO~40~TH AGENCY AND NOW, this 7th day of April, 2003, comes, the petitioner ROBERT E. KITZMILLER Pro Se, petitioning this Honorable Court of Common Pleas, in appeal from a Commonwealth agency. (Department of Transportation, hereinafter referred to as D.O.T.) JURISDICTION over said appeal is vested this Honorable Court pursuant to the statutory authority of PA., C.S. Title 42 §933 (a) (1) (ii), title 75 § 1550 (a) and Article 5 § 9 of the Pennsylvania Constitution. STATEMENT OF THE FACTS 1. Petitioner is currently incarcerated in the Cumberland County Prison. But for mailing purposes of said appeal will use the established home address of 1051Brandt Ave., Lemoyne, PA. 17043. 2. Mailing address for the said Commonwealth agency's counsel is Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA. 17104-2516. 3. On 7-27-2002 petitioner was arrested for Driving Under the Influence of alcohol, title 75 § 3731. 4. On 10-02-2002 said charge was waived to Court. 5. On 1-07-2003 petitioner plead guilty as charged before the Honorable Judge Edgar Bayley. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 08, 2003 ROBERT E KITZMILLER 1051 BRANDT AVE LEMOYNE PA 17043 WID ~ 030916117952885 001 PROCESSING DATE 04/01/2003 DRIVER LICENSE # 16199390 DATE OF BIRTH 10/30/1953 LICENSE IN BUREAU Dear MR. KITZMILLER: This is an Official Notice of the Suspension of your Driving Priviiege as authorized by Section 1532B of the Pennsylvania VehicIe Code. As a resuIt of your 01/07/2003 conviction of vioiating Section 373I of the Vehicle Code DRIVING UNDER INFLUENCE on 07/27/2002: Your driving privilege is SUSPENDED for a perlod o~ 1 YEAR(S) effective 10/09/2005 at 12:01 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a $1,000 fine AND your driving privilege will be suspended/revoked for a MINIMUM 1 year period *********************************************************** This suspension is in addition to any other suspensions al- ready on your record. PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 219q, COurt Term 2002 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 15~1(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. 030916117952885 IGNITION INTERLOCK Before your driving priviiege can be restored you are re- quired by Iaw to have aII vehicIe(s) owned by you to be equipped with an Ignition InterIock System. This is a resuit of your conviction for Driving Under the Influence. If you faii to compIy with this requirement, your driving privilege wiiI remain suspended for an additionai year. You will re- ceive more information regarding this requirement approxi- mateIy 30 days before your eIigibility date. PROVIDING PROOF OF INSURANCE Within the Iast 30 days of your suspension/revocation, we wiii send you a Ietter asking that you provide proof of in- surance at that time. This ietter wiii iist acceptable documents and what wiiI be needed if you do not own a vehicie registered in Pennsyivania. Important: 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 listad at the e,~d of ibis ietter. APPEAL You have the right to appeai this action to the Court of Common PIeas (Civii Division) within 30 days of the maii date, APRIL 08, 2003, of this ietter. If you fiie mn appeal in the County Court, the Court will give you a time-stamped certified 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 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing CD ,4. "q 0 O Z il> o< -q I--4 0 r.~ ~~ o ROBERT EUGENE KITZMILLER, PETITIONER IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT 03-2183 CIVIL TERM ORDER OF COURT AND NOW, this I '2.--- day of May, 2003, IT IS ORDERED that a hearing shall be conducted on the within petition at 1:45 p.m., Monday, July 28, 2003, in · .Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. ,,,,,Robert Eugene Kitzmiller, Pro se 1051 Brandt Avenue Lemoyne, PA 17043 George Kabusk, Esquire ,,,For the Department of Transportation :sal Edgar-B.-I~ayley,'~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT EUGENE KITZMILLER, petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 03-2183 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of 3uly, 2003, this matter having been called on an appeal filed from a suspension of driving privileges regarding an additiona~ one year suspension under the ignition interlock requirement, and the commonwealth and defendant having agreed to the fo~owing, IT IS ORDERED: 1. A supersedeas is issued with regard to the ability of the Department to proceed with an additional suspension of one year based upon the ignition interlock requirement. 2. The case is continued generally unti~ resolution of the current issues now before the supreme court of pennsylvania are resolved. 3. The case can be recalled at the c&ll of either party. B ayl eye,~''~ Edgar B. 3' ~' v~orge H. Kabusk, Esquire For the Department of Transportation ~obert Eugene Kitzmiller, pro se 1051 Brandt Avenue Lemoyne, PA 17043 prs 09-31-Q3 ~NVA'~ASNN]d ROBERT EUGENE KITZMILLER, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2183 LICENSE SUSPENSION APPEAL ORDER filed in ~e above referenced ma~ is DENIED in p~ ~d ~DED in p~. The petition~'s appeal is DENIED reg~ding ~e one ye~ susp~sion imposed ~d~ 75 Pa. C.S. 1532(b) as a consequ~ce of~e petition~'s conhction on J~uau 7, 2003, for a violation of 75 Pa. C.S. ~ 3731 on July 27, 2002. ~e petition~'s appeal is RENDED to the D~ent ~d ~e D~ent sh~l CO--CT THE RECO~ AND RESCIND THE ~QUI~MENT THAT THE PETITIONER COMPLY WITH THE ~QUI~MENTS OF THE IGNITION INTE~OCK LAW, 42 Pa. C.S. {{ 7001-7003, that ~e D~ent imposed without a co~ ord~ as a condition to ~e restoration of~e petitioner's driving pd~lege as a result of the petition~'s violation of Section 3731 of~e Vehicle Code, violation date J~y 27, 2002. eSoTRIBUTION: \ rge H. Kabusk, Esquire, PennDOT, Riverfront Office Center, 1101 South Front Street, obHarrisburg, Pennsylvania 17104-2516 eft E. Kitzmiller, Pro Se, 1051 Brandt Avenue, Lemoyne, Pennsylvania 17043 OFFICE OF CHIEF COUNSEL - Vehicle & Traffic Law Division Riverfront Office Center IlOI South Front Street Harrisburg PA 17104-2516 The Honorable Edgar B. Bayley The Court of Common Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 October 31, 2003 Re: Robert Eugene Kitzmiller v. Cmwlth. of Pennsylvania., Dept. of Trans., Court of Common Pleas of Cumberland County, 03-2183, License Suspension Appeal Dear Judge Bayley: This 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 (the "Department") to require the installation of an ignition interlock system in the absence ora court order directing such installation. See 42 Pa. C.S. §§ 7001-7003. The petitioner is not contesting the one year suspension pursuant to Section 1532Co) of the Vehicle Code. This matter was continued generally. Based on the provisions of the recently-enacted law addressing driving under the influence and ignition interlock, 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. Since that policy was adopted the Supreme Court issued Commonwealth of Pennsylvania v. Mockaitis, _ A.2d (Pa. 2003), posted on October 17, 2003, which upholds several of the Department's positions regarding the issues concerning the ignition interlock. I made representations of the aforementioned policy regarding these types of cases which had been continued and I feel ethically bound to follow through with my representations. Please find enclosed a proposed Order for the above-mentioned matter. The proposed Order denies the appeal in part and remands in part. The proposed Order denies the appeal of the one year suspension pursuant to Section 1532(b) of the Vehicle Code as a result of the petitioner's conviction of Section 3731 of the Vehicle Code. The proposed Order remands the appeal in part to the Department to update its records and remove the ignition interlock requirement which was imposed by the Department without a court order. GOVERNOR'S OFFICE OF GENERAL COUNSEL TELEPHONE: 717.787.2830 FAX: 717.705.1122 www.dot.state.pa.us I have not contacted Mr. Kitzmiller, who is representing himself, regarding this proposed Order and do not know whether he concurs or objects to the proposed Order; however, the proposed Order grants him the relief that he sought in his appeal. Very truly yours, George H. Kabusk Cc: Robert Eugene Kitzmiller, Pro Se, 1051 Brandt Avenue, Lemoyne, Pennsylvania 17043 Enclosure