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Home My WebLink About01-06604 ,_ I _ ~..........~ ~l..-....."Fwa -- , -flI:l. ,-- - -~~--,;;~..;, '''.,:L~:1iii-~t-:\f:i J- CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (9 To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA RAP. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: COMM09NWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING v. DAVID A. RICHARDSON, JR. 01-6605 CIVIL TERM 673 CD 2002 The documents comprising the record have been numbered from No.1 to 28 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 5-13-02 . An additional CODV of this certificate is enclosed. Please sil!n and date CODV. therebv acknowledl!inl! receiDt of this record. Date Signature & Title '"""',.-. A_I_~liilIiI ~ .-I. ,. , .... ~~ _.,_."",,~..~l il 1, wiM'''''-'' -' - ~ ;';~1~i'ii1'J'~ )'-. i-~"'~'A-'-n'~~i' r Among the Records and Proceedings enrolled III the court of Common Pleas in and for the COPY OF CUMBERLAND 673 CD 2002 01-6604 CIVIL COMPLETE in the Commonwealth of Pennsylvania county of to No, Term. 19 is contained the following: DOCKET ENTRY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING v. DAVID A. RICHARDSON, JR. SEE ATTACHED CERTIFIED DOCKET ENTRIES. ..~- =P~.llJl,"""^ """".~ "fL-c.H. - "...[....,1 "~' " , '~" "" '_h ,- il~~i~1_-; ~ Commonwealth of Pennsylvania Counly of Cumberland } ss: I. Curtis' R. Lonq , Prothonolary of the Court of Common Pleas in and for said County, do hereby certify lhat the foregoing is a full. true and correct copy of the whole record of the case therein staled, wherein COMMON OF PA. DEPT OF TRANSPOR- TATION, BUR OF DR LICENSING Plaintiff, and DAVID A. RICHARDSON, JR. Defendant _, as lh" same remains of record before lhe said Court at No. 'J'QJr.fifi04 of CIVIL Term. A.D. 19_. In TESTIMONY WHEREOF, I have hereunlo set my hand and affixed the seal of said Court this 13th d~~1/~D.,Iro1lL. ~'f ~.I4}t~ ~rY I, GeorGe E. Hoffer tlesident Judge of the Ninrh Judicial District, composed of the County of Cumberland. do certify that Curtis R. Long . by whom the annexed record, certificate and attestation were made and given. and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, waS.al the time of so doing, and now is Prothonotary in and for said County of ('TTMRRRT l\ Nn in the Commonwealth of Pennsylvania. duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicalure as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the er ffi er. Commonwealth of Pennsylvania County of Cumberland I ss: I. Curtis R. Long . Prothonotary ilf the Court of Common Pleas in and for the said County. do certify that the Honorable George E. Hoffer, P. J . by whom the foregoing atteslalion was made, and who has thereunlo subscribed his name. was. at the time of making thereof. and still is PresidentJudge ofthe Court of Common Pleas. Orphan' Court and Court of Quarter Sessions of the Peace in and for said Counly, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given. as well in Courts of judicalure as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 13th day of Ma A.D. I~002 . C.~ f61{!/r ~ PAGE 00. 2 - 6 7 !l 8 '"^ 111 t1--1(1)4 11 - 14 15-17 18 - 25 26 - 27 28 "~~ -. " -"'W'lF 1tiJ~~i>'i~~ "'11"-- .,",,". ""-'" . . PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 2001-06604 PENNSYLVANIA COMMONWEALTH OF (vs) RICHARDSON DAVID A JR Page 1 Reference No,. : Case Type.,..,: APPEAL - LICENSE SUSP Judgment...... ,00 Judge Assigned: Disposed Desc, : ------------ Case Comments ------------- Filed, , . , , . , , : Time.",."., : Execution Date Jury Trial"" Disposed Date, Higher Crt 1,: Higher Crt 2,: 11/26/2001 2:20 0/00/0000 0/00/0000 673 CD 2002 ******************************************************************************** General Index Attorney Info PENNSYLVANIA COMMONWWEALTH OF DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 RICHARDSON DAVID A JR 1516 NEWVILLE ROAD CARLISLE PA 17013 APPELLEE APPELLANT JONES JAMES K ******************************************************************************** * Date Entries * ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM SUSPENSION OF DRIVERS LICENSE ------------------------------------------------------------------- PRAECIPE TO PROCEED IN FORMA PAUPERIS ------------------------------------------------------------------- HEARING NOTICE - DATED 12/5/01 - UPON CONSIDERATION OF APPELLANTS APPEAL FROM DRIVER'S LICENSE SUSPENSION A HEARING ON THE MATTER IS SCHEDULED FOR 2/14/02 AT 9:30 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTHOUSE CARLI SEt PA - BY THE COURT KEVIN A HESS J COPIES MAILED 12/6/01 2/15/2002 ORDER-iiiTEii-2/1s/o2-=-ippEii.L-op-iiiviii-i-RlcHii.RiisoN-JR-IS-SUSTiiNED- BUT ONLY TO THE EXTENT THAT ALL VEHICLES OWNED BY HIM MUST BE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM PRIOR TO THE RESORRATION OF HIS DRIVING PRIVILEGES IS STRICKEN - BY THE COURT - KEVIN A HESS J NOTICES MAILED 2-15~02 ------------------------------------------------------------------- 3/08/2002 ORDER - DATED 3/8/02 - THE APPEAL OF DAVID A RICHARDSON JR IS SUSTAINED WITH RESPECT TO THAT PORTION OF HIS DRIVER'S LICENSE SUSPENSION - SAID PROVISION OF APPELLANT'S SUSPENSION IS VACAED - THE APPEAL WITH REGARD TO THE REMAINING PROVISIONS OF THE DRIVER'S LICENSE SUSPENSION IS DENIED AND THE DEPARTMENT IS AUTHORIZED TO REINSTATE THE MOTORIST SUSPENISION - BY THE COURT KEVIN A HESS J COPIES MAIELD 3/11/02 ------------------------------------------------------------------- 3/13/2002 NOTICE OF APPEAL TO COMMONWEALTH COURT ON THE ORDER 2/15/02 - BY TERRANCE M EDWARDS ------------------------------------------------------------------- COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 673 CD 2002 ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT KEVIN A HESS J ------------------------------------------------------------------- OPINION PURSUANT TO RULE 1925 FILED BY KEVIN A HESS J - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ************~ff~}~~~~*~JV1P}*~************************************************ * Escrow Information * * Fees & Debits Beo Bal Pvmts/Adi End Bal * *****************************************~************************************** 11/26/2001 11/26/2001 12/05/2001 3/19/2002 4/02/2002 5/07/2002 APPEAL 30,00 30.00 .00 ------------------------ ------------ 30.00 30,00 ,00 ******************************************************************************** * End of Case Information * ******~************************************************************************* ..I'-? ~..'lt~ -~---~-= < P'fS510 2001-06604 """",,,,"_I ~ ~ ~~ .~"' ,~""-'"~ = 1iliiI>>;& lJIl:ittii"'.........~- r r," - ~'~A~'".i_il"Ii*t_ Cumberland County Prothonotary's Office Civil Case Inquiry PENNSYLVANIA COMMONWEALTH OF (vs) RICHARDSON DAVID A JR Page 1 Reference No, , : Case Type",..: APPEAL - LICENSE SUSP Judgment, , , , , , ,00 Judge Assigned: Disposed Desc, : ------------ Case Comments ------------- Filed""",. : Time""",.. : Execution Date Jury Trial, , , , Dtsposed Date, Hlgher Crt 1,: Higher Crt 2.: 11/26/2001 2:20 0/00/0000 0/00/0000 673 CD 2002 ******************************************************************************** General Index Attorney Info . PENNSYLVANIA COMMONWWEALTH OF DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 RICHARDSON DAVID A JR 1516 NEWVILLE ROAD CARLISLE PA 17013 APPELLEE APPELLANT JONES JAMES K ******************************************************************************** * Date Entries * ******************************************************************************** 11/26/2001 11/26/2001 12/05/2001 2/15/2002 ~ 3/08/2002 4' __(U - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - ~::~~~-~~~~-~~~:~~~~~~-~~-~~~~~~~-~~~~~~~-pt-~--~------------------ :~~~~:~-~~-:~~~~~~-~~-~~~~-:~~:~~~~-----l------------------------ HEARING NOTICE - DATED 12/5/01 - UPON CONSIDERATION OF APPELLANTS APPEAL FROM DRIVER'S LICENSE SUSPENSION A HEARING ON THE MATTER IS SCHEDULED FOR 2/14/02 AT 9:30 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISEL PA - BY THE COURT KEVIN A HESS J COPIES MAILED 12/6/01 ------------------------------------------------------------------- ORDER DATED 2/15/02 - APPEAL OF DAVID A RICHARDSON JR IS SUSTAINED BUT ONLY TO THE EXTENT THAT ALL VEHICLES OWNED BY HIM MUST BE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM PRIOR TO THE RESORRATION OF HIS DRIVING PRIVILEGES IS STRICKEN - BY THE COURT - KEVIN A HESS J NOTICES MAILED 2-15-02 ------------------------------------------------------------------- ORDER - DATED 3/8/02 - THE APPEAL OF DAVID A RICHARDSON JR IS SUSTAINED WITH RESPECT TO THAT PORTION OF HIS DRIVER'S LICENSE SUSPENSION - SAID PROVISION OF APPELLANT'S SUSPENSION IS VACAED - THE APPEAL WITH REGARD TO THE REMAINING PROVISIONS OF THE DRIVER'S LICENSE SUSPENSION IS DENIED AND THE DEPARTMENT IS AUTHORIZED TO REINSTATE THE MOTORIST SUSPENISION - BY THE COURT KEVIN A HESS J COPIES MAIELD 3/11/02 ------------------------------------------------------------------- NOTICE OF APPEAL TO COMMONWEALTH COURT ON THE ORDER 2/15/02 - BY TERRANCE M EDWARDS ------------------------------------------------------------------- COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 673 CD 2002 ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT KEVIN A HESS J ------------------------------------------------------------------- OPINION PURSUANT TO RULE 1925 FILED BY KEVIN A HESS J - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - . 3/13%002 II - I 3/19/ 002 '~~.si~~ 5f07;2'lJ02 J.(p- ~., ******************************************************************************** * Escrow Information * * Fees & Debits Beo Bal Pvmts/Adi End Bal * ******************************************************************************** APPEAL 30,00 30,00 ------------------------ 30,00 30.00 ,00 ------------ ,00 ******************************************************************************** . * End of Case Information * ******************************************************************************** ;(~ h p-eA'l~LJ:S ~I-s 3; ( .......... -~ -.~ ''''''- -.~-'^"" '^ '. --~.~ , -~'.",' ,- "'-l"'-"'~C . COMMONWEALTH OF P A., DEPARTMENT OF TRANSP., BUREAU OF DRIVER LICENSING vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6604 CIVIL CIVIL ACTION - LAW DAVID A, RICHARDSON, JR. IN RE: OPINION PURSUANT TO RULE 1925 In this case, the petitioner, David A. Richardson, Jr., received a notice dated October 24, 2001, wherein the Pennsylvania Department of Transportation notified him that as a result of his August 21, 2001, conviction for driving under the influence, his driving privilege would be suspended for a period of one year. In addition, the notice indicated that, before his driving privileges would be restored, he would have to comply with a requirement that all vehicles owned by him be equipped with an ignition interlock system. On March 8, 2002, this court entered an order sustaining the petitioner's appeal with respect to that portion of his driver's license suspension which reads as follows: Ignition Interlock Before your driving privilege can be restored you are required by law to have all vehic1e(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. Our order was entered in accordance with Albert Schneider v. Com. ofPa., Dept. of Transp., Bureau of Driver Licensing, 1513 C,D. 2001 (pa.Cmw1th. 2002), In that case, the Commonwealth Court was presented with the same situation that pertains in the matter sub 1 "', " ". -'" - " 'I -, - .,c 'j ",-" ;:11.-.;:- ,,.,,,,C_,,,,",,,___. " . ~ ,-,., ~-,~,~ ' __ i ;-:'--;'-1ii;- judice. Namely, though the sentencing court failed to impose an ignition interlock requirement, PennDOT has sought to impose the requirement absent a court order. In Schneider, the court held expressly that PennDOT has no unilateral authority to impose ignition interlock device requirements if the trial court fails to do so. It was because of this express holding that we entered our order of March 8, 2002. 1(,';" A. H~, J. ') ~/ -- :rlm >'. - " ,- - ,'J'. ._':,. x',' __ =" _,'~ , ---,-~,~,w._~~ ,. . IN THE COMMONWEALTH COURT OF PENNSYL VANIA DavidA. Richardson, JI. v. No. 673 C,D. 2002 Submitted: August 20, 2004 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant ~ 0/- (P~{)<I ~/ BEFORE: HONORABLE DORIS A, SMITH-RIBNER,Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE CHARLES p, MIRARCIll, JR., Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE MIRARCIll FILED: November 17, 2004 The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Cumberland County (trial court) that sustained the statutory appeal of David A. Richardson, JI. from the requirement that he install ignition interlock devices on all vehicles that he owns before his operating privileges may be restored. The Department imposed the requirement under the act commonly lmown as the Ignition Interlock Law (Interlock Law), former Sections 7001-7003 of the Judicial Code, 42 Pa. C,S. 997001-7003/ following Richardson's one-year I Repealed by Section 4 of the Act of September 30, 2003, P.L. 120 (Act 24). Provisions relating to ignition interlock are now found at Section 3805 of the Vehicle Code, 75 Pa. C.S. 93805" Act 24 adopted a sweeping revision and reorganization of Pennsylvania statutes relating to driving under the influence, including repeal of Chapter 70 of Title 42 Pa. C.S. (the Interlock Law) and repeal of Section 3731 of the Vehicle Code, as amended, formerly 75 Pa. C.S. 93731, relating to driving under the influence of alcohol or controlled substance, and the inclusion of provisions concerning these and related subject matters in a new Chapter 38 of Title 75, relating :,,{ ,~__~~~.iim~~iM~l~tI~~""'+_"";"'&:.i""~,,,,~;<,j*;',-""-~4liJiI'1;'hl';:,"\filI-li&.~11Iit-'-;"."''''';r'''' '"~--~:"'il:~'M\''''"~~~" ',ill I . ,."" .~ ~ -~ ~'~IRit . to driving after imbibing alcohol or utilizing drugs. 75 Pa. C.S. SS3801-38l7. These changes took effect February 1, 2004, pursuant to Section 22 of Act 24. 2 Repealed by Section 14 of Act 24. A similar provision is now found at 75 Pa. C.S. S3802. 3 Sections 7002(b) of the Law provided as follows in relevant part: In addition to any other requirements imposed by the court, where a person has been convicted of a second or subsequent violation of 75 Pa.C.S. S 3731, the court shall order the installation of an approved ignition interlock device on each motor vehicle owned by the person to be effective upon the restoration of operating privileges by the department. A record shall be submitted to the department when the court has ordered the installation of an approved ignition interlock device. Before the department may restore such person's operating privilege, the department must receive a certification from the court that the ignition interlock system has been installed. A licensee's acceptance of ARD is considered a first conviction under Section 7002(b), Section 7002(c). In addition, Section 7003(5), 42 Pa. C.S. P003(5), provided: "A person whose operating privilege is suspended for a second or subsequent violation of75 Pa. C.S. S 3731... who does not apply for an ignition interlock restricted license shall not be eligible to apply for the restoration of operating privileges for an additional year...." 2 . - ,,- I~,,",,~y~,^~ ~_"" ~~",,',~~"_~" ~ ,~_,_ ,_~x~~ ~___ ~" ", ,[ M , ,", --;"- " ,- illafjj' Jiit'Ti!!lrnt' " j privilege was suspended for one year effective September 25, 2002, that he must install approved ignition interlock devices on all vehicles he owned to restore his operating privilege after serving the suspension period, and that upon his failure to do so, his operating privilege would remain suspended for an additional year, Richardson filed a timely appeal, contending that the court had the sol~ authority to impose the ignition interlock requirement under Section 7002(b) of the Law, and because the trial court did not impose such requirement in the sentencing order, the Department had no authority to do so in the suspension notice. After a de novo hearing, at which the Department presented a packet of certified documents showing Richardson's DUI convictions and driving record, the trial court sustained Richardson's appeal from the ignition interlock installation requirement imposed in the suspension notice, relying on Schneider v,. Department of Transportation, Bureau of Driver Licensing, 790 A,2d 363 (Pa. Cmwlth. 2002), appeal discontinued (No, 20 MAP 2004, filed March 31, 2004), In Schneider, this Court held that the courts have the sole authority under former Section 7002(b) of the Interlock Law to impose the ignition interlock requirement, rejecting the Department's contention that it has independent authority to impose the requirement, regardless of whether the sentencing court complied with former Section 7002(b) of the Interlock Law, The Department's appeal to this Court followed,4 4 This Court's review is limited to determining whether the trial court's findings of fact are supported by competent evidence, or whether the trial court committed ,m error of law or an abuse of discretion. Frederick v. Department of Transportation, Bureau of Driver Licensing, 802 A2d 701 (Pa. Cmw1th. 2002). 3 ~- njr,' ,~.<~.-" ;<~;'~~!i!li,gi;i1i\l'M~i~I~~h~;biiJ>ik"""'~i"~"""~",J;"'-"""",,U-,-:~,,,,',tii;;'''l!k.l(8JjjitL~-Ji~' '-""d. ii - LimJ.I._tJ~ -~. "'~>gCll~i~Jil" :~~ - Iillliti .- ., On appeal, the Department argues that (1) the trial court erred by not requmng that Richardson "obtain" an ignition interlock restricted operator's license as a condition of restoration of his operating privilege; and (2) this Court should reconsider and reverse Alexander v. Department of Transportation, Bureau of Driver Licensing, 822 A.2d 92 (Pa. Cmwlth. 2003), appeal granted, _ Pa. _,849 A.2d 1129 (2004). First, the Department does not raise any argument with respect to the trial court's actual disposition of Richardson's statutory appeal. Rather, it argues that the trial court, in its order, should have taken the additional step of requiring that Richardson obtain an ignition interlock restricted operator's license as a condition of restoration of his operating privilege. In Commonwealth v. Mockaitis, 575 Pa. 5, 834 A.2d 488 (2003), the Pennsylvania Supreme Court invalidated Sections 7002(b), 7003(1) and 7003(5) of the Interlock Law, finding that those sections violated the constitutional doctrine of separation of powers by delegating to the courts the executive responsibility of regulating whether and when repeat DUI offenders are entitled to conditional restoration of their operating privileges. The Court further held that the remaining sections of the Interlock Law are severable from the invalidated sections, and that the Interlock Law "still requires recidivist DUI offenders seelcing restoration of . driving privileges to apply to the Department for an ignition interlock restricted license" and "still authorizes the Department to impose an ignition interlock restriction,.. at the expiration of one-year mandatory suspension." Id. at 29-30, 834 A.2d at 502-3.5 5 Before the Supreme Court's decision in Mockaitis, the Legislature amended the Law, effective September 30, 2003, deleting Section 7003(5) and adding a sentence to Section 7002(b), which provides that the courts' failure to impose the ignition interlock installation 4 - -"" " ,~. ~ ~~ ~o ,~-= ~ ~ " 0" ~r ",-> "'->:G"....._"_".ijlj'~;;;:i .' I Pursuant to Mockqitis, we have consistently held that the Department is authorized to issue interlock restricted licenses under Section 7003(2) of the Interlock Law. See, e.g., McDonald v. Department of Transportation, Bureau of Driver Licensing, 845 A.2d 221 (Pa. Cmwlth. 2004), and Cinquina v, Department of Transportation, Bureau of Driver Licensing, 840 A.2d 525 (Pa. Cmwlth. 2004). Indeed, in its brief, the Department contends that the imposition of a restricted ignition interlock license, following Mockaitis, is a purely administrative matter. See Department's Brief, p. 7, n, 5. Therefore, it is difficult to ascertain why the Department argues that the trial court erred by not setting forth in its order the requirement that the restoration of Richardson's operating privileges are dependent upon the issuance of a restricted license, when the issuance of a restricted license falls within the purview of the Department's administrative duties.6 Clearly, judicial intervention is not required under the aforesaid case law to mandate that the Department issue a restricted license under the Interlock Law, Moreover, the Department never requested such relief from the trial court, We accordingly find no error in the trial court's order as it is written, The Department next argues that this Court revisit and reverse Alexander. In Alexander, we rejected the Department's argument that the Interlock Law may be retroactively applied, The Department's rather exhaustive argumene is again curious, in that requirement "shall not prevent the department from requiring, and the department shall require" installation of such device" 6 Richardson does not dispute that the Department has authority to issue a restricted license under the Interlock Law, but correctly argues that judicial intervention is not necessary for the Department to issue such a license. 7 The Department's argument on this "non-issue" extends the length of its brief by 21 pages. 5 ,tj *iiUJJtjiA~~~~-$.i~~J>:l/;,j,~",,,s,;:,\,~,,rk'''''''''~','_;':1l/i.j.)i';1'.<'''.i;"'~~=0"'1!:i\ii,~~;ili'l;!Jl!lml~_HiUiliI_~~.l" l'''''-'~ -, - ~"""'~U"~ ' -~. a!tdi' ,- ", I (1) Richardson never raised the defense of retroactive application of the Interlock Law below, (2) the Department did not raise the issue of the holding in Alexander below, (3) Alexander is currently on appeal before the Supreme Court, and (4) we have repeatedly rejected the Department's attempts to revisit Alexander, particularly when the issue was not raised below, and certainly in light of the fact that the case is beyond our jurisdiction on appeal before the Supreme Court. See, e,g., Conrad v. Department of Transportation, Bureau of Driver Licensing, 856 A.2d199 (Pa. Cmwlth. 2004). The Department has advanced no argument that establishes any basis for reviewing the issue under these circumstances. The trial court's order is accordingly affirmed. c:Q CHARLES P. MIRARCHI, JR., Seni 6 ~ - _.l ~ ~ __c.:,^_~ -. '.-. '"t.__ ~ .~~ ~_(t{;,; " , IN THE COMMONWEALTH COURT OF PENNSYLVANIA David A. Richardson, JI. v. No. 673 C.D. 2002 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, . Appellant ORDER AND NOW, this 17th day of November, 2004, the order of the Court of Common Pleas of Cumberland County in the above-captioned matter is affirmed. cQ CHARLES P. MIRARCHI, JR., Seni Certified fro I'll the Record NOV 1 ., '004 anrJ Oltter E1cit -~" , o ~ - .~ ." Commonwealth Court of Pennsylvania Charles R. Hostutler Deputy Prothonotary I Chief Clerk January 26, 2005 Certificate of Remittal/Remand of Record TO: RE: Richardson, Jr. v. DOT NO.673 CD 2002 Trial Court/Agency Dkt. Number: 01-6604 Civil Term Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: .J ...~.....' -j(jjU~~ij "-hl.~.~*.>t,;'_"j: File Copy lITis Office Building, Room 624 Harrisbu!l:!'. PA 17120 717-255-1650 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. . ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclose~ copy of th~'S c ~i. to ~~r !~ffice.... COpy....r.e. c. iPi.ents (noted .b~.._...W) ~ed Q not acknowledge receipt. M~*' .,>~,"."_ ;:::' :::: .~ ~'Io""'.'Y'" .....'1., .1....._ ." \ .' .. -"";"':il;' I-;-('j l' ::. rn -~- ::u .~;:.::: :::i,': 0;; rnp- ff~ S~- I :8\? 2:- C~: ~:~ C;: v ;:J::}i -::.. ~.J?~ ,~rn N c,~ w ~ --<; Contents of Original Record: Original Record Item original record Date of Remand of Record: 1/26/2005 Filed Date May 16, 2002 ~J ~"A~ U Signature S' 5, 6K~ Date Description 1 ~~,~ --I -< "~=~ li"iF" ~~,~"~ " ~ ~:~~ " ,~ lIll" ~ " rr~ .l w ~,'~~ .-1- ~ lMM'~ .u_ ~ i2d J,,;Bi<iint,<.~i~"~ _' .~..., """"~'o' \!~ i f"-:,,'~ :.,;"1):'"""". .~....r.: ~-~~, ~ CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: COMM09NWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING v. DAVID A. RICHARDSON, JR. 01-6605 CIVIL TERM 673 CD 2002 The documents comprising the record have been numbered from No.1 to 28 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each docwnent, the nwnber of pages comprising the docwnent. The date on which the record has been transmitted to the Appellate Court is 5-13-02 . An additional COpy of this certificate is enclosed. Please sil!n and date COpY. thereby acknowledl!inl! receipt of this record, 1f!:0I 'V 51 A\1H lOOl Signature & Title Date \lIN'VA1ASNII3d :1n 1l11l0:JHllV jMNm~J~ip 031lj '? lTHn"~,'- ~:_" .c'l...._; ~:t ......... -~ ' ~ -" 1 'n 'b:' ,~=~ . . '-~.-""'..;;,""'",._., 1""'\ \<.....'..,,/ ~ "'-" e CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYL VANIA RULE OF APPELLATE PROCEDURE 1931 (Cl To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA RAP. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: COMM09NWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING v. DAVID A. RICHARDSON, JR. 01-6605 CIVIL TERM 673 CD 2002 The documents comprising the record have been numbered from No. 1 to 28 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 5-13-02 , ..1 An additional COpy of this certificate is enclosed. Please silm and date copv. thereby acknowledl!inl!' receipt of this record. Date Signature & Title ""'j Pr"i/ ~~ 1iilb1'/lJ- ~ ~'"~ _~ ...~ ~ . _c_. .I "~""-~,,'" ~" ~. ., ~. &>mM-\&:tit"',;:' f""'.. I<.,.w/ I""""i ~' PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 2001-06604 PENNSYLVANIA COMMONWEALTH OF (vs) RICHARDSON DAVID A JR Page 1 Reference No. . : Case Type.. .,,: APPEAL - LICENSE SUSP Judgment"",' .00 J\ldge Assigned: Dlsposed Desc, : ------------ Case Comments ------------- Filed. , , . . , , , : Time,..",.., : Execution Date Jury Trial"" Disposed Date. Higher Crt 1,: Higher Crt 2,: 11/26/2001 2:20 0/00/0000 0/00/0000 673 CD 2002 ******************************************************************************** General Index Attorney Info PENNSYLVANIA COMMONWWEALTH OF DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 RICHARDSON DAVID A JR 1516 NEWVILLE ROAD CARLISLE PA 17013 APPELLEE APPELLANT JONES JAMES K ******************************************************************************** * Date Entries * ******************************************************************************** NO. 11/26/2001 11/26/2001 12/05/2001 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM SUSPENSION OF DRIVERS LICENSE ------------------------------------------------------------------- PRAECIPE TO PROCEED IN FORMA PAUPERIS ---------------------------------------~--------------------------- HEARING NOTICE - DATED 12/5/01 - UPON CONSIDERATION OF APPELLANTS APPEAL FROM DRIVER'S LICENSE SUSPENSION~A HEARING ON THE MATTER IS SCHEDULED FOR 2/14/02 AT 9:30 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTHOUSE CARLlSEL PA - BY THE COURT KEVIN A HESS J COPIES MAILED 12/6/01 2/15/2002 ~~E~~E~T~g-~l~5~~~~~~A~~~~t-t~~~g~~~R~~~~~N~~-~~~u~iAiNED- EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM PRIOR TO THE RESORRATION OF HIS DRIVING PRIVILEGES IS STRICKEN - BY THE COURT - KEVIN A HESS J NOTICES MAILED 2-15-02 ---------------------------------------~--------------------------- 3/08/2002 ORDER - DATED 3/8/02 - THE APPEAL OF DAVID A RICHARDSON JR IS SUSTAINED WITH RESPECT TO THAT PORTION OF HIS DRIVER'S LICENSE SUSPENSION - SAID PROVISION OF APPELLANT'S SUSPENSION IS VACAED - THE APPEAL WITH REGARD TO THE REMAINING 'PROVISIONS OF THE DRIVER'S LICENSE SUSPENSION IS DENIED AND THE DEPARTMENT IS AUTHORIZED TO REINSTATE THE MOTORIST SUSPENISION - BY THE COURT KEVIN A HESS J COPIES MAIELD 3/11/02 ------------------------------------------------------------------- 3/13/2002 NOTICE OF APPEAL TO COMMONWEALTH COURT ON THE ORDER 2/15/02 - BY TERRANCE M EDWARDS ------------------------------------------------------------------- COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 673 CD 2002 ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT KEVIN A HESS J ------------------------------------------------------------------- OPINION PURSUANT TO RULE 1925 FILED BY KEVIN A HESS J - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - APPELLEE'S EXHIBIT **~***************************************************************************** * Escrow Information * * Fees & Debits Beo Bal Pvmts/Adi End Bal * **~***************************************************************************** PAGE 2 - 6 7 1 8 9 - 10 11- 15 - 14 17 3/19/2002 25 4/02/2002 27 5/07/2002 18 - 26 - 28 APPEAL 30.00 30.00 ------------------------ 30.00 30,00 .00 ------------ ,00 **~***************************************************************************** * End of Case Information * ******************************************************************************** ntVE roPY FROM RecoRD In T!IsIInlony WIJenJOf.11IcQ untoSllmrJlalid ancI tile of saki rt at ~, PI\.. en . I _ ~()J. _ .};;1 o ._-_.~~....",.... . . county of Among the Records and Proceedings enrolled in the court of Common Pleas in and for the in the Commonwealth of Pennsylvania to No. COPY OF CUMBERLAND 673 CD 2002 01-6604 CIVIL COMPLETE Term, 19 is contained the following: DOCKET ENTRY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING v. DAVID A. RICHARDSON, JR. SEE ATTACHED CERTIFIED DOCKET ENTRIES. . . Commonweallh of Pennsylvania County of Cumberland 1 ss: !. Curtis R. Lonq , Prolhonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy ofthe whole record of the case therein stated, wherein COMMON OF PA, DEPT OF TRANSPOR- TATION, BUR OF DR LICENSING Plaintiff. and DAVID A. RICHARDSON, ~R_ Defendant _. as the same remains of record before the said Court at No. "OJ.-fifi04 of CIVIL Term, A,D. 19_. In TESTIMONY WHEREOF, I have hereunlo set my hand and affixed the seal of said Court this 13th d f M,,~ A 0 l&l.O.2..- (u~-A of~ .. . ~f 1~fJ: /1~ ~ry !, Georae E. Hoffer Jle'sident Judge of lhe ~H nr;, Judicial District, composed of the County of Cumberland, do cerlify that Curtis R ~ Long . by whom the annexed record, certificate and attestation were made and given, and who. in his own proper handwriting. thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County. was. at the time of so doing, and now is Prothonotary in and for said County of rnM'RRRT ZU\Tn in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit arc and ought to be given as well in Courts of judicature as elsewhere. and that the said record, certificate and attestation are in due form of law and made by the er ffi er. Commonwealth of Pennsylvania County of Cumberland } ss: 1, Curt is R. Long . Prothonotary of the Court of Common Pleas in and for the said County. do certify that the Honorable George E. Hoffer, P. J . by whom the foregoing attestation was made. and who has thereunto subscribed his name, was. at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of lhe Peace in and for said Counly, duly Commissioned and qualified: to aU whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF. ! have hereunto set my hand and affixed the seal of said Court lhis 13th day of Ma. A.D. I~002 . C~ fi?,lt~r' ~ Prothonotary {f~'tI [ I ,., E I ;:: '" " ~ 0- 0- 0 '0 U 0- Q 0 E E 0 c:: ~ ~ ~ 15 " " 0 l- I- U 0': '" c:: ~ Q " ~ '" ~ " ~ "" > '0 E: ..!< Li: :E '0 '" " ~ '" '" '0 " E :c E ~ ~ - " 0 0 0 .~ ;:: ~ " 0 0 Z Z "- Cl ~ U OJ ~ ~ . . -..;...~~-""'=~--~------.. - --~- . . ,d_ = "-';' .-,-, "'" -'-''"-'~"'<",--,-,--: [~1i o o 0' , COMMONWEALTH OF PENNSYL V ANlA: IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION:'CUMBERLAND COUNTY, PENNSYLVANlA BUREAU OF DRIVER LICENSING, Appellee . " . : NO. 01- lPI.-D"f CIVIL v. :ClVIL ACTION - LAW DAVID A RICHARDSON, JR. Appellant : LICENSE SUSPENSION APPEAL HEARiNG ~OTICE AND NOW, this ~ day of()t1./1j7~ /"L(J~ , 2001, upon consideration of Appellant's Appeal from Driver's License Suspension, a hearing on the matter is scheduled for the /~ day of ~Lluz.tAd A ~ ' 20O.J. at q; :30 ~.m. in Courtroom ----1- of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending said hearing, Appellant's driving Privileges shall be restored. By the Court, J. ~-P~ &L~I Cdr /. jij'B ~.,- ',- ~. ".,;;"-",, . 0'.'.". ~" ^" 'n,"' "",,~~__~"_ <<~~_= u/ ~ . c' I 'f,. VU;!'/Sl.:':" pr:;(:;nL,/:.': . ...r.t ",',! IVI\!~) 'i... ,-,. V /. I't o 'jl/,'::-"'-"( ;'.\1;', <""1-i1\/1'1 ~rV y d 1/;-; , L:: ! fI . p",,:>M~~~.:r'~~'- _ -lJ..,L.'t,. _,<"." '4",,:,,~ ""~',",_,'-:~~ "/_"'<"~&" ,'",,"-" 'hl{ff, ,TJq.l'S'i!W; < . "--.'<H.;' ,.",.", ,"'" -. ,= "'''~'-'---'' -~,_",,,"-r-<~_~,,,.'.-~,,,-,_.,, ,--~, ';:'ii'I~~~i 0.0... . o COMMONWEALTH OF PENNSYLV ANlA : IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY PENNSYLV ANlA , BUREAU OF DRIVER LICENSING, Appellee :NO.01-(q($Ol.j CIVIL v. : CIVIL ACTION - LAW DAVID A RICHARDSON, JR. Appellant : LICENSE SUSPENSION APPEAL APPEAL FROM DRIVER'S UCENSE SUSPENSION AND NOW, comes David A Richardson, Jr., through his attorney James K. Jones, Esquire, and brings this Appeal From Driver's License Suspension, a statement of which follows: L Appellant David A Richardson, Jr. is an adult resident of Cumberland County, Pennsylvania, who resides at 1516 Newville Road, Carlisle, Pennsylvania 17013. 2. Appellee Department of Transportation is a Pennsylvania Agency with a mailing address of Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. By letter with a mail date of October 24, 2001, Appellee notified Appellant that his driving privilege would be suspended under ~1532(B) of the Pennsylvania Vehicle Code (75Pa.C.S. ~1532(B)) as a result of a Driving Under the Influence conviction on August 21, 2001, a copy of which letter is attached hereto. Constitutional Challenge to Equal Protection. 4. Appellee has required Appellant to equip all vehicles owned by Appellant to be equipped with an Ignition Interlock System prior to the restoration of Appellant's driving privileges. 5. The requirement that all vehicles owned by Mr. Richardson be equipped with an Ignition Interlock System has no rational basis upon which to support the legislation. J ~-- '- . !!I2ii, ,., - ,-~'", ,-.--" _~~_<~_n~H"_"_ , .-~,~..,.~,','.- ~;,",C' ~~"~"U"'~~j o o 6. The lack of a rational basis upon which to support the legislation causes the Ignition Interlock System requirement to violate the Fourteenth Amendment to the United States Constitution and Article I, Section 26 of the Pennsylvania Constitution. WHEREFORE, Appellant requests this Court to strike the requirement that Mr. Richardson equip all of the vehicles owned by him with an Ignition Interlock System. Constitutional Challenge Based Upon Due Process 7. The legislation under which Appellee has imposed the requirement for an Ignition Interlock System requires the Court of Common Pleas to certify compliance with the statute. 8. The legislation provides no mechanism for Appellant to seek such a certification from the Court that the system has been installed on each motor vehicle that he owns. 9. The lack ofa mechanism to seek this certification prohibits Defendant from being able to seek redress in the event he is entitled to such a certification but the Court of Common Pleas fails to issue one. 10. This lack of a right to seek redress violates Appellant's rights to due process under the Fourteenth Amendment to the United States Constitution and his rights under Article I, Section 20 of the Pennsylvania Constitution. WHEREFORE, Appellant requests this Court to strike the requirement of the installation ofIgnition Interlock Systems on all the vehicles owned by Appellant. Respectfully submitted, 6- %>~ ~.-~~~ , " <".J' """ )j!Illl~'t:2:LJ~~: o o COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 24, 2001 DAVID A RICHARDSON JR 1516 NEWVILLE RD CARLISLE PA 17013 WID I 012906114356850 001 PROCESSING DATE 10/17/2001 DRIVER LICENSE I 25005326 DATE OF BIRTH 07/08/1979 LICENSE IN BUREAU Dear MR. RICHARDSON: 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 08/21/2001 conviction of violating Section 3731 of the Vehicle Code DRIVING UN.DER INFLUENCE on 12/11/2000: . Your driving pri"ilege is SUSPENDED fa!' a pe!'iod I:If 1 YEAR(S) effective 09/25/2002 at 12:01 a.m. *********************************************************** WARNING: If you are convicted of driving while your I license is suspended/revoked the penalties will be a I MINIMUM of 90 days imprisonment AND a 1,000 fine AND I your driving privilege will be suspended/revoked for I I a MINIMUM 1 Year period I *********************************************************** .... 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 01112, Court Term 2001 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 1541(a.l) 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. ~ . H,H ;' ,..__"''<''':,''?";.-ry~_"-,..<..,,~'___....,~,."~~..(...,~..("'....,,._'-,_.... .~....,."~."a.-,~-,>~"_c,.,,,,"\,,,,, ",,; . 4- . . _ ~. .-. '"~,,,,,~"'~r",,:,,,,:- ": ";,~~~,\<'-'" , ."'''' , ~ ' ~.~ ~ ," I, , ,-.. ","' ~'"' ~ -" "-" . ~Jt C) o o 1290611435685'Q COURT ORDER TREATMENT PROGRAM (ACT 122) Pursuant tD SectiDn 1548(d) Df the Vehicle CDde, the CDurt Df CUMBERLAND CTY , CDurt Number 01112, CDurt Term 2001 has Drdered YDU tD attend a treatment prDgram fDr alcDhDI Dr drug addictiDn. As a result Df the cDurt Drder, this suspensiDn/revDcatiDn shall remain in effect until the De- partment is nDtified by the abDve CDurt that YDU have suc- cessfully cDmpleted treatment and YDU are Dtherwise eligible fDr restDratiDn Df YDUr driving privilege. IGNITION INrE!::"O-CK _' BefDre YDur driving privilege can be restDred YDU are re- qUired by law tD have all vehicle(s) Dwned bY YDU tD be equipped with an IgnitiDn InterlDck System. This is a result Df YDUr cDnvictiDn for Driving Under the Influence. If YDU fail tD cDmply with this requirement, YDur driving privilege will remain suspended fDr an additiDnal year. YDU will re- ceive mDre infDrmatiDn regarding this requirement apprDxi- matelY 30 days befDre YDur eligibility date. PROVIDING PROOF OF INSURANCE Wi thin the last 30 days Df YDUr suspensiDn/revDcatiDn, we will send yoU a letter asking that you provide proof of in- surance at that time. This letter will list acceptable dDcuments and what will be needed if you do not own a vehicle registered in PennsYlvania. Impo~tant: Please make sure that PennDOT is nDtified if yOU move frDm YDUr current addr~ss. YDU may notify PennDOT Df YDur address change by calling anY of the phDne numbers listed at the end Df this letter. APPEAL YDU have the right tD appeal this actiDn to the Court of CDmmon Pleas (Civil Division) within 30 days of the mail date, OCTOBER 24, 2001, Df this letter. If YOU file an ap- peal in the County cou~t, the CDu~t will give you a time- stamped ce~tified copy of the appeal. In order for your appeal tD be valid, yOU must send this time-stamped certi- fied CDPY of the appeal by certified mail to: PennSYlvania Department Df TransportatiDn Office Df Chief CDunsel Third FIDor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. ~ s~~f;:-~.~:;;;'~:-~'.,. . '_j'~' p~;' ;..- r- ....~ I'; ~ . ,- ~-" "'-",V ;': 'C"',' . ';-'~,' " , ," ., ~..." -"-''C.," ~ .-<.,....:~'\~'.- -.., ":~'< --.;-- ~'i.l - ) . _', ~'-: roo, . 012906114356850 ~~~, "'- ~''l~~ '--"',~";;; !-";'- ~, 'fD-~~' o o Sincerely, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing IN STAT!;: OUT-OF-STATE WEB SITE ADDRESS )NFORMATION 7.00 a.m. to 9:00 P.m. 1-800-932-4600 TDD IN STATE 717-391-6190 TDD OUT-OF-STATE www.dot.state.pa.us 1-800-228-0676 717-391-6191 ~ ',~"",:'-"'7-~'7)o"'T'~""''':-~ .. > --' "-.-.',," "7<;"'.-' ~jij) _,~ __'~,~_c~\_,~"._..._ " .~.~;\...~\,~ ,~r:'"...-''if''-'"'.:f.:-''' ,I ""',""" ~' ,.... :.., "'f',: :-, :--r ,. i '......wn.'.:.. ",',1;;j)F.t&~i.C;;d.@}:~j(j;il:<->,"1< ">,;A .." W "W_;~;;;i1b'4ili.fg,~.~iWb.1iiW1;s~~~dm*,~,,",",":i:Jj;,,:~*B'~k!lt-.n,.:4!!Il1Iicli~~ ~!! WlI d~ .~.. lli'MMiilifi'affJ!!I&:"lli!f ~ .," ~~"~4li!lI o _J!l!l!l!_"''''''--''__ CJ ~ C) C --;-1 4' s: :::;,,!:: -ace ";:) ~ mf',~ ~ ,.:.-:: -7--", 7:(- C'.,) L~'~ - ~; '._i .~ 3;( (J" ; , ::-=::J ~--- \._-" '1) ~ )>Ci :J<: (; c:S U b;6 ~ crt1 )>c:: z ~)..-::: -{ '''' "0 -< ,{::; 0< c>; 6H '""-~,,- ~< ,- ';1.,'-, --,,~,- ,--''-''-t,;:.\I'~~~{''''-~''>'''-'-''H''--''''-'~';P_',,,,,,:__ ''''/~r&[; o " NOV 3 0 2001 'yO COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYL VANIA BUREAU OF DRIVER LICENSING, Appellee : NO, 01- (",100'1 CIVIL v. : CIVIL ACTION - LAW DAVID A RICHARDSON, JR. Appellant : LICENSE SUSPENSION APPEAL PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, David A Richardson, Jr., Appellant, to proceed in forma pauperis. I, James K. Jones, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. s K. Jones, Esquir- Attorney for Appellant 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 7 ~ '~iihl"Ll; 'j.':jltallllil~..-i' '-'-<,'\~- '-:"""'diii'i-.'fi(' ;-If- '--~'::'iii-"--'---II~C"'-'~" ,<", ~" eoo! :<'",. ,"""""'."'"." "''"'._~-~,,- ,-~- - _~,~ ", ,~ ,_0 "" --~,~-,-_,--_"""1 --'"__~,._. "'""""'rJ .".,. " (') 0 () C <' -;1 "tJ"~ Z f11G2 0 Z~} ~ - Zc 1'0 (j)~~ ~'. ~1 ''" ~,., J, <'--+J --0 ~:~! )~~ P~. ;Se; :J1: '~:' (~, )>C r;.: ~--! in " ..:::J "- 1'0 -:;:: -I -< (:::> ~ ~, ~~ .~"" -"~ ~ ,I w.;';" ,,,",',, "'..'" ~""'""""""""'"",""'''~sc.;;,.i'''oif "':'"I:fk":--! o o COMMONWEALTH OF PA, DEPARTMENT OF TRANS., BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA I 0-6604 CIVIL vs. CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL DAVID A. RICHARDSON, JR., Appellant AND NOW, this ORDER If"' day of February, 2002, the appeal of David A. Richardson, Jr., is SUSTAINED but only to the extent that the requirement that all vehicles owned by him must be equipped with an iguition interlock system prior to the restoration of his driving privileges is STRICKEN, See Albert John Schneider v. Com, of P A. Dept. of Trans.. Bureau of Driver Licensing, No, 1513 C,D, 2001 (pa.Cnunwth. 2002). BY THE COURT, h Kabusk, Esquire For PennDOT ~es K. Jones, Esquire For the Appellant 4a- > !.. ~ -rna}W o J..- 16-Qi L. ~S :rlm ~ , ,.1f'0 .~" , {i Ii ~j i~1 - ~'"' .~-., ,~{:; - ....... ~ "..".".t"~ ' ." ""." ~" , "lie- "_"-0'"_ >~_'- "m"~" , . ^ ."'__~"". -"M."" ,." W',",X '~"M~'_=U I-'i_ Fi~!J I', 'y :':':-.J I ;, ,.., ~ ,'ill j..:-; , ('n: !~\T\I PE:I\!\!"~"/lll'!.'I'";,,~i v, I ; 'ii'0fU'/-\i\if\ I. il~ iFl".. _,:"'<'_~ _,'_ ~~~~~~~.!'I~!t~~~"",.",_""",~,_,,,,,c<~/j.~~~~Iffli'!i~ml:~~!_:~1 , - ~ ,- I ""~';'+"--[Yf",~'-'^:"r'-", _.';-'.h It~~~; ....'" "" o o COM. OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6604 CIVIL CIVIL ACTION - LAW vs, LICENSE SUSPENSION APPEAL DAVID A, RICHARDSON, JR., Appellant ORDER AND NOW, this ~f" day of March, 2002, the appeal of David A. Richardson, Jr., is SUSTAINED with respect to that portion of his driver's license suspension which reads as follows: Ignition Interlock 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 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 provision of appellant's suspension is V ACA TED. The appeal with regard to the remaining provisions of the driver's license suspension is DENIED and the Department is authorized to reinstate the motorist's suspension. See Albert Schneider v. Com. ofPA.. Deot. of Transo.. Bureau of Driver Licensing, 1513 C.D. 2001 (Pa.Cmmw1th. 2002). BY THE COURT, .4/J q -~. ,','" P".,...'- _"_~""~' 7""" " "~'.G_ c', '.'-"",' 'S;..;.,-,;;- """ ~- :'i i q , ._. -. . "-' ~,,~o..--"" "", -, -"', ,","_ p,-:... 'iI'.,. 00.'" ---,', ,. ,_, _ __y.!'r ~ ~,J ""'~' e"', ,,~, ~...,'i< ,.__,ti'~ (ie- ~, r; ~l H.~"" U,:, l.'j '.. !'.' - r~ I) "'). t Q - !" d' U", C! )\;-];:::,,[> ,'- '\ ~,~, ( ". LlI/,,.,,,., \L.r\f'i:_.1 t/1UNT" "~,,-.,- .~ ''', '-' ~ f"'CNpJtiYlVA.N!A " ~ ..,._ ' , ,~"'''''c'.. "". . ,,.=. ...- ~~; ,ID. -.~'- '1'" t_~~_"~ _.,~~~~~~_I!:~,~l!~"'~"1~flrf?,_"",r"!.,,t,J. ."..,., >:,,~~_,~~~~~~ ~ . kge Kabusk . For PennDOT ,EsqUIre ~es K. Jones . For the Ap 11' EsqUIre pe ant :rlm o .;jJ 7 ~::f{J~ -" r,~ 'L ~ o . >- ~~ - ~.",,---. ,-" - ~'-"",,"r.' ,~'. ""'o.";--ii.i? (6 ;;" -~ o COMMONWEALTH OF PENNSYLV ANlA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DMSION BY: TERRANCEM,EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 DAVID A, RICHARDSON, JR., Appellee vs, COMMONWEALTH OF PENNSYLV ANlA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant ,~. L~ '1W"'..J...w,......,j'.-~"~...J..'\ - - ~~' - ,.,' '::~~i\Fc' o (!J -'-<t } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO, 01-6604 Civil Term Notice of Anneal Notice is hereby given that the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that was filed in this matter on February 15, 2002. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa, R.C.P. 236. A copy of the docket entries are attached hereto. =: / / /' V'k. TERRANCE M. E Assistant Counsel Appellate Section Riverside Office Center - Third Floor 11 0 1 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 ( I ~ .~ ~~~. ' ~.-- ' M - >..d2" - ':'~ - - '~"'_~5' c o COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DNISION BY: TERRANCE M, EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO, 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 11 01 SOUTH FRONT STREET HARRISBURG, PENNSYL V ANlA 17104-2516 (717) 787-2830 DAVID A, RICHARDSON, Appellee vs. } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A COMMONWEALTH OF PENNSYL V ANlA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO, 01-6604 Civil Term Reauest for Transcript A notice of appeal having been filed in this matter, the official court reporter is hereby requested to produce, certify and file the transcript in this matter in conformity with Pa. R,A.P. 1922. Prepare only the original for inclusion in the record as the Appellant, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the transcript. ;; ~ (Jl- TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 /).. it . . 0'. .~~ _ ~~~. ~ ~-t~~' -.- -~ ldMi!lliij"ii~I~~Mi&':\ i PYS510 CUmb~...land County prothonotary's. 0.. ffice U Civil Case Inquiry 0 PENNSYLVANIA COMMONWEALTH OF (vs) RICHARDSON DAVID A JR Page 1 2001-06604 Reference No, . : Case Type,....: APPEAL - LICENSE SUSP Judgment"",. ,00 Judge Assigned: Disposed Desc, : ------------ Case Comments ------------- Filed.""".: Time,."",.. : Execution Date Jury Trial, , , , Disposed Date. Higher Crt 1,: Higher Crt 2,: 11/26/2001 2:20 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info PENNSYLVANIA COMMONWWEALTH OF DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 RICHARDSON DAVID A JR 1516 NEWVILLE ROAD CARLISLE PA 17013 APPELLEE APPELLANT JONES JAMES K ******************************************************************************** * Date Entries * ******************************************************************************** 11/26/2001 11/26/2001 12/05/2001 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM SUSPENSION OF DRIVERS LICENSE ------------------------~------------------------------------------ PRAECIPE TO PROCEED IN FORMA PAUPERIS ------------------------------------------------------------------- HEARING NOTICE - DATED 12/5/01 - UPON CONSIDERATION OF APPELLANTS APPEAL FROM DRIVER'S LICENSE SUSPENSION A HEARING ON THE MATTER IS SCHEDULED FOR 2/14/02 AT 9:30 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISEL PA - BY THE COURT KEVIN A HESS J COPIES MAILED 12/6/01 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - **********,********************************************************************** * End of Case Information * ******************************************************************************** rnUE copy FROM RECORO I i1 T c"tlmrll'l)' wherf"ot, I ha,0 ilnto ~t my hand Hia :.....,11 01 $(lid Gourt at Carlisle. Pa. "'.;;c;:;. ~ J.tr{):z... llil!! /J.~f~~Y (} . '~A.q<'1't" - - ProthonOtart (j :l _ .;' ~. . ~ M1W~,,~;:>,:;g. o o COMMONWEALTH OF PENNSYLV ANlA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DMSION BY: TERRANCEM,EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 DAVID A, RICHARDSON, JR" Appellee vs. } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA COMMONWEALTH OF PENNSYLV ANlA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO, 01-6604 Civil Term Proof of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing documents upon the persons and in the manner indicated below, which service satisfies the requirements ofPa, R.A,P, 121: First Class Mail; Postage Pre-Paid; Addressed as Follows: Judge Kevin A, Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 James K. Jones,Esquire Att. for Appellee Richardson 7 Irvine Row Carlisle, P A 17013 C-6..: ~S.~.~ DANA M. RESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: March 12,2002 I~ ?~~~;!r.,"",~i~"IO;EfP.1",J1'~''"t>!iO~l~i&",;~llii!I.i:~",1~;",:*:p-""",.;,y.'Iy.:wi~I,;""ktMl',*0ci!'ll"'W1I;'.,*xlti*~~~;"""""''''U''' '~~'a;~E!!M!IliL1!:K\?'-'<"_lil@IIiIll__ ~~, '_,pi \3 -h 0 C") C.: [""'" ?' _,>C ,.7,. -oU'"; :'""'" r ITlr-, ' :..:",j ~ ~ -7 ,- ZC:- C.:' (jJ ~"," "- -<,,- - G\', -',.\ '" ~ c- '" - ~'~? '-.I {" f;: ~ ~ - ;:::: N ~ :2 en tot ~ d L . C,?, . , _'-.:.,C; r, '.-:;,-'n __,:;:c:;" '-"";_.' ~j\" .~... - ::'i~ -<. - "~-" J. I <J~...l ~iijflljlli!ldJiitii.i' '-" '-,'-,-';. '- '&e<.fjm.ii'l~i,;:- -:l o o '"' .OLle-.( 4--- n -o~ Commonwealth Court of Pennsylvania March 15,2002 RE: Richardson, Jr. v. DOT No.: 673 CD 2002 Agency Docket Number: 01-6604 Civil Term Filed Date: March 13,2002 Notice of Docketing Appeal A Notice of Appeal, a copy of which is enclosed, from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The docket number in the Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number must be on all correspondence and documents filed with the court, Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counsel A copy of this notice is being sent to all parties or their counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. RAP. 907 (b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on Page 2 of this Notice. If you have special needs, please contact this court in writing as soon as possible. Attorney Name Harold H. Cramer, Esq. Terrance M. Edwards, Esq. James Kennedy Jones, Esq. Party Name Bureau of Driver Licensing Bureau of Driver Licensing David A. Richardson, Jr. Party Type Appellant Appellant Appellee ----- {~ , ii!.A"M_Ti,~"'I;4,,,,J"i'~;i:.b+,~, _">,,, 'bF!i"'<11~5~Jj,;jtl~,;,'i~i!#,~~~~;&!l:~!a<..iIE~JllJi.!~iil!I!J!1 iHiIi1_~~ ~!1\ lK. ~~7 .~ \iiII ~,,~ - ,,- .~ ". ., ,~, , ~- -, !llI_J!W.l~ (j 0 0 C f0 -n ~~. ~ "'-p r.l"_: :c'_. rn [i ;:0 2:: __.l 7 C ""-- CD . D _/ ~~ .~" C) :F ~^1 0'1 ,:';i -< (;) ~~ . r 1.1 ~'-~~i ~~., ....1lli' - ,- ,"', '-ilY(~~_~1', ~ Cress all written communications to: 0 Office of the Chief Clerk Commonwealth Court of Pennsylvania P.O. Box 11730 Harrisburg, PA 17108 (717) 255-1650 Filings may be made in person at the following address (except on Saturdays, Sundays and holidays observed by Pennsylvania Courts) between 9:00 a.m. and 4:00 p.m. Office of the Chief Clerk Commonwealth Court of Pennsylvania Room 624 Sixth Floor South Office Building Harrisburg, PA 17120 (717) 255-1650 Pleadings and similar papers (but not paperbooks or certified records) may also be filed in person only at: Office of the Chief Clerk Commonwealth Court of Pennsylvania Filing Office Suite 990 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 560-5742 The hours of the Philadelphia Filing Office are 9:00 a.m. to 4:00 p.m. Under PaRA.P. 3702, writs or other process issuing out of the Comonwealth Court shall exit only from the Harrisburg Office. I~ . . ~" ~~~!I!IilI--' dJ/lQitli'lh<if"li;>k'''i'''''''<U,';; r /- .. o o COMMONWEALTH (j)F PENNSYLVANIA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M, EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 ( o c -~ <. ""D c:r~ 1'"T'rT"' z~.] ~~-: ~(::." i:Cj .L- -...;: s>(j C Z -~ -< o 1'0 3: ~ ::u o " 0.) :.'.1 ~.-~~r:~ ~~(t) -r -r1 ~ "~..{.?~':;' e)'" -."f ~ :5 -< (...., -0 3~ N (_~n DAVID A, RICHARDSON, JR" Appellee vs, } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA (,13 ~ dWO.;L COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER UCENSING, Appellant . NO, 01-6604 Civil Term Notice of Appeal Notice is hereby given that the Commonwealth of Pennsylvania, Department ofTrarlSportation, Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that was filed in this matter on February 15, 2002, This orderis from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236, A copy of the docket entries are attached hereto. fl:'>"E C....,,,..,''{ -""n',' l'""~''''''''''IRD ~_...~ ~ '. ",;-.--'" \J<;...,~~ .~i''''~'a '(",Nf.....~ ..i~ . -. !I g ~~...... ">.~'-iIl ~ ~ '!'''-4')v'~ !!i i4'",,~,<c,'ij#' i "~' In Ta;~t~mmrrwhur~rAf ~ hare unto 'set m~ hand o . and tha ~~ of said CtMjr! at CarH's!~t Pa~ This. If da\! fl7/;1~t.-. ;1<<,2./ . (1"')',, j) 'nuJli?~ ) I 4k Protlloo ~ /= ,l~}- TERRANCE M, E if ARDS . Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 17 .. 0 i\iW_~41t;:r;,i\;-,k~I"',i",-j_f~~-;Nj,l,,~!"l'''~,,'~''d;i~*~;,i!t;;b0-Ji,ilt&,fd!,'(;,U""''':.<-';_<-t~,\t',;""t!\i~ ,-,- 1{-;Y",~-'.\ ''Y-'':''-,!.: 'i",-,'''' ,J;.4",il:d-4.ldl;,"~-'irj'ret,'!\;:;:J.:-1\jj:[~'iiiJJf(@/;~lIi~~i$r~lMlllt~ c~ ,0 I, ~" -'~ "W!ij'1II ~IR_LI 0 C,;- () C r.<"- " t:J ---:<:' .U !l-; I. CCCJ L ...::: ({) \ D -' ~:: .:-~ ,';:'" CO L:. )> \.: :~ :d ~ --) ~n ~~ -c (..0 '"" ,~ "'-~"'- a". - <L. _ .'-"i~'_'. (~,#_: o 0 DAVID A, RICHARDSON, JR,,: IN THE COURT OF COMMON PLEAS OF Appellee CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - LAW COMMONWEALTH OF NO, 01-6604 CIVIL TERM PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING, Appellant IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A, HESS, J" Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, February 14, 2002, in Courtroom Number 4, APPEARANCES: GEORGE H, KABUSK, Esquire For the Commonwealth JAMES K. JONES, Esquire For the Defendant jg , """"",. --,," ==~ -.. ,~_. rr: -~ '0< ...,;~. ",~",~.~,_~ , ~~F2 ~'2 r n i: " " ~ ~ A!iIIlI. !~~~ "0 c~.il~';~'1\;~W!l'1!f_~~f;~.'1?F",-i'l-JF,j,{";frj;"i!:--%{!n~lJ<~~~!WI)'l1%l'!i'fI'~"i'W{-!'I!j-~~'~!~,~~ ~ "^ --I' - ~~--"" c' 'de';' < '""';liMljitt.w~-,jL o o INDEX TO EXHIBITS FOR THE COMMONWEALTH MARKED ADMITTED Ex, No, 1 - certification 3 4 sub-exhibit 1 - official notice of suspension sub-exhibit 2 - acknowledgment of suspension/revocation/disqualification/cancellation sub-exhibit 3- report of Clerk of Cumberland County sub-exhibit 4 - driving record (q 0, ";.;'~ ,-~-" ,,' ,'." .' '-mY5ir~!fu:'i; o o 1 2 3 MR, KABUSK: Good morning, Your Honor, THE COURT: Good morning. MR, KABUSK: This is the case of David A, 4 Richardson, Jr" versus Commonwealth of Pennsylvania, 5 Department of Transportation, No, 01-6604, This is an 6 appeal from a notice dated October 24th, 2001, wherein the 7 Department notified Mr, Richardson that as a result of his 8 8/21/2001 conviction of violating Section 3731 of the 9 Vehicle Code relating to Driving Under the Influence on 10 12/11 of 2000 his driving privilege was being suspended for 11 a period of one year, Additionally, that notice informed 12 him of the requirement of the Ignition Interlock, It is my 13 understanding from the petition and Mr, Jones that the 14 appeal is solely directed to the imposition of the 15 Interlock, not to the one-year suspension, Is that 16 correct, Mr, Jones? 17 MR, JONES: That's correct, Your Honor, 18 THE COURT: Okay, 19 MR, KABUSK: What has been marked as 20 Commonwealth's Exhibit No, 1 consists of four sub-exhibits, 21 Sub-Exhibit No, 1 is the official notice of suspension, 22 dated and mailed 10/24/01, effective 9/25/02, 23 Sub-Exhibit 2 is acknowledgment of 24 suspension/revocation/disqualification/cancellation as 25 required under Section 1541 of the Vehicle Code. 3 J"O J. -~ " -,,, _ L~''''''' o 00 , . 1 Sub-Exhibit 3 is report of Clerk of 2 Cumberland County, convicted 8/21/2001, Seal attached to 3 the original, And No, 4 is driving record, which appears 4 in the file of the defendant David A, Richardson, 5 operator's number 25005326, date of birth 7/8/79, in the 6 Bureau of Driver Licensing, Harrisburg, Pennsylvania, 7 I move for the admission of what's been 8 marked as Commonwealth's Exhibit No, 1, 9 THE COURT: All right, 10 MR, JONES: No objection, Your Honor, 11 THE COURT: We will admit it, 12 MR, KABUSK: Additionally, Your Honor, as a 13 matter for the record, I move that the matter be quashed 14 based on the Court does not have jurisdiction subject 15 matter jurisdiction relating to the imposition of the 16 Ignition Interlock, And I do recognize that Schneider, 17 which was filed January 11, 2002, at footnote seven, did 18 not uphold that position, But for the record I move to 19 quash based upon the subject matter -- the lack of subject 20 matter -- 21 THE COURT: Do you have the cite for that 22 case? 23 MR, JONES: Your Honor, I just checked, and 24 Atlantic is up to November at this point, They have not 25 reported this decision, 4 dvl , -, 'j 'en. ~~h; :;t r' .' ,-,I _ _~ _ _ ,,=<.;-~C: _,.t',", _,-n_ ~W~-~, o o 1 THE COURT: Okay, 2 MR, KABUSK: If the court would like a copy. 3 THE COURT: Maybe you can just put it with 4 your exhibits there and we will collect it all together, 5 MR, KABUSK: And that is the Department's 6 case, Your Honor, 7 8 THE COURT: Okay, Mr, Jones, MR, JONES: Your Honor, I don't believe 9 there is really a dispute as far as the facts in this case, 10 And, indeed, Mr. Richardson was convicted of a driving 11 under the influence charge in August, The docket number 12 is -- 13 14 15 16 THE COURT: In August of 2001? MR, JONES: August of 2001, correct, THE COURT: Okay, MR, JONES: The docket number is 2001-1112, 17 And in Judge Guido's sentencing order he did not require 18 the imposition of the Interlock. And that is confirmed in 19 PennDOT's Exhibit No, 3, in Box G, indicating that the 20 Ignition Interlock is not required in this particular case, 21 As indicated within the decision of 22 Schneider versus Bureau of Driver Licensing, PennDOT does 23 not have the authority to impose that, Only the Court has 24 the authority to impose the Interlock requirement, So 25 based upon the Commonwealth Court's decision and consistent 5 JvJ. "'1" ~L~ "~ -", " . "''r'iilfuft;&.if_' o ~ v 1 with the decision in Cumberland County not requiring the 2 Interlock on the driving under the influence charges, I 3 would move that the Court actually does have subject matter 4 jurisdiction and that the appeal should be upheld based 5 upon the decision in Schneider, 6 THE COURT: Tell me again though what is the 7 relief, the precise relief, that you are requesting, I 8 thought I heard a minute ago that you are acknowledging the 9 propriety of the suspension for a period of one year, 10 MR, JONES: That's correct, Your Honor, 11 THE COURT: So what aspect of the notice 12 then are you appealing from, and what do you want my order 13 to look like? 14 MR, JONES: The appeal relates directly 15 to -- it would be page two of the notice of suspension 16 Ignition Interlock, requiring that as a condition of 17 receiving -- or restoring his driving privileges that he 18 have the Interlock system installed in his vehicle 19 THE COURT: So you are asking me to enter an 20 order that says what the appeal is sustained insofar as", 21 MR, JONES: Insofar as the requirement for 22 Ignition Interlock would be stricken, 23 THE COURT: Okay, So it would not be a 24 matter of generally sustaining the appeal but the 25 suspension? 6 J3 TO' c ..,L,.;_ ....',"""'o,~,~ ,,'6, - .'- -, ';-""Wj~i.liv~ o o 1 2 MR, JONES: No, Your Honor, The only issue raised -- 3 THE COURT: I just want to make sure I 4 understood that, I thought that's what you said, Okay, 5 And, of course, the Department takes a contra position, I 6 am assuming a petition for allowance of appeal was filed in 7 this case? 8 9 MR, KABUSK: Yes, Your Honor. THE COURT: Do you know if an interlocutory 10 has been granted by the Supreme Court? 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR, KABUSK: I don't know, Your Honor, THE COURT: Okay. All right. Anything else? MR, JONES: No, sir, THE COURT: Okay, Thank you, gentlemen, (End of proceedings,) 7 .14-- ,,~. ~'JI J ' [Jl'iilf - H_.,-~"O"'._' ,~ Ij{J11n~'k1~T . . o o CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same, ~/W- Barbara E, Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ~.. / 2.<>0 z. Date -~'- A, Hess, J, Judicial District 8 J/:[ - ~ ~ J.i;:1 y .. o d COMMONWEALTH OF PA., DEPARTMENT OF TRANSP., BUREAU OF DRIVER LICENSING vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6604 CIVIL CIVIL ACTION - LAW DAVID A, RICHARDSON, JR. IN RE: OPINION PURSUANT TO RULE 1925 In this case, the petitioner, David A, Richardson, Jr., received a notice dated October 24, 2001, wherein the Pennsylvania Department of Transportation notified him that as a result of his August 21,2001, conviction for driving under the influence, his driving privilege would be suspended for a period of one year. In addition, the notice indicated that, before his driving privileges would be restored, he would have to comply with a requirement that all vehicles owned by him be equipped with an ignition interlock system. On March 8, 2002, this court entered an order sustaining the petitioner's appeal with respect to that portion of his driver's license suspension which reads as follows: Ig:nition Interlock 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 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, Our order was entered in accordance with Albert Schneider v. Com. ofPa.. Deot. of Transo,. Bureau of Driver Licensing, 1513 C,D. 2001 (pa.Cmw1th. 2002). In that case, the Commonwealth Court was presented with the same situation that pertains in the matter sub ~' ~illi.);liJl~jk J1p ~L'-;'~'~*l~;ib:;ljHjj;1!;'1:frj;j.''l@r>i'J~'J''>!ti.(O'~.; -:"". ->,-~ > ~~,~-~._"... ~~, fu~'Hl~~~",':W~fj,,"~&O~i<-~i'l~~ ~ o ~",,_~,,'''-'_U''_','_''''''"''._''~Ac',,_>,,_ ""^," c ""._~"" .~ "~ ~~_" o ,-, ----'--'" -""~"''''''~,-,,,,. ~- ",~ ,,, ,,,,,,,,-. """..." ." n;"j c~~;.- -/ [:~~; ~ --7;:;; :.:~ >< ,- "--, ."'~- s=~ -~;i .~ ~" _.-.:; --,-, t.. ()1 . _,V_", _'::',' <~"-;<Y''',,,^ ~__, .. .. ::::'1 '~-,.; =:0 ~, c_'~ _, _ ,,,~- ~ ~,~" _",' "LU;''' ,-,"_",-",~;_",'" ~- "".'.','_ --,~:_';i"" ~ o d judice. Namely, though the sentencing court failed to impose an ignition interlock requirement, PennDOT has sought to impose the requirement absent a court order. In Schneider, the court held expressly that PennDOT has no unilateral authority to impose ignition interlock device requirements if the trial court fails to do so. It was because of this express holding that we entered our order of March 8, 2002. May 6, 2002 411 Terrance Edwards, Esquire For PennDOT James K. Jones, Esquire For the Appellant - ~ ('l>'(;,aJ, 5h/o:J- .-08. -p. :r1m :; 7. -_.--:r,~ '~-"'--_;J ~ ",..~~_----""".:...-- -"I-.---'-_:&';;~'I:!'_~i,"",,_ . t{'(' s (l~~n'3~ <,0) ~.~Q~?rjT~t~,t:p; ~ .~-l'~~-~--E~-.. ~- _n_~__ .-- cP. ~ .c.... . - ____ - --- __H. _,. ___~ - ___ - _. ____ - 3 -.. - ~-t::: E#_ .~~-~~~-- ~tjJ- - - - -~=-~ - - f .J. . ! - -...--.------...-.---... .----J------......,-------........-.-. ..-.-.... .-.- (--_C-~"$'"!O",~~~f' 7-~F~ -u_ - -.'P~7;~~(4F7h~pT~~-----~---m. -------- .- -8 ------~~-glT~,tij------~r-m mm__m___ . u_ mm . -~i2===~:~------~-:- - -==~==-==~-_m-7or---::=:=_-:_~ .- __m.._.'__..._.. . 1()1 III -t~t~~~~ifl)-~6-".~.'. '_.. '0" ..o___m_o~__o_':'t-~.. ._..__.____....__________. ".0.______0______.0___ . m.._ I ~ PI...,C'j Tv-J- ___~ . ____m_m__.___mu______ _____ ..... ~~2 p~-r:;;;/ Ji3,.~j"~"1~,5~__n ___ ____O___O^". ____l-___o_o___~__ooooo..o___o_.._o. ...__~____o____o_o^"_o__ .. Hi _ ,,"'''t'C;/ )1 > , \ , q.. _ J Ap p {{( ev5 Sv- h:t bit. CtfYvlW1 of PA '. ucpt- 6{, (~'!>fov'fa~ ?J(jl{ of IJY' Uc-efl\. '6t'vJ () v' I) (tV i cC A, /2{'(.i~{i,~~pY\. JJI' ;/. Ol~ foCo~ Ctvv ( tj;r'WI ~ ~ 7 J ~ b J.. DO) ""'. .,~" - ~a ~ . ~. - ~ ~-~ - ~ ,~ ~~ =- ,-.,'~ ''''Ulirl. "-""-~-'J.ie'%;"" DL-326 (9/95) CERTIFICATION DATE: December 13, 2001 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SETMY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. ~;(.~ BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 1 0/24/01, effective 09/25/02; 2) Acknowledgment of Suspension/Revocation/Disqualification/CancellaUon as Required Under Section 1541 of the Vehicle Code; 3) Report ofthe Clerk of Court of CUMBERLAND County, convicted 08/21/01, seal attached to original, and 4) Driving Record, which appears in the file of the defendant DAVID A. RICHARDSON, operator's no. 25005326, date of . birth 07/08/79, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania, CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa,C.S. ~~61 03 and 6109, IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. <&~:t SEAL , DIRECTOR LICENSING REBECCA L. BICK BUREAU OF DRIV Commonwealth's EXHIBIT I r, " " .. =, ~""t'::xlt0.~'),: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 24, 2001 DAVID A RICHARDSON JR 151\0 NEblVILLE R)) CARLISLE PA 17013 WI>>' 012'06114356850 001 PROCESSING DATE 10/17/2001 DRIVER LICENSE. 25005326 DATE Of BIRTH 07/08/1'7' LICENSE IN BUREAU Dear MR. RICHARDSON I This is an O~~ici81 Notice of the Suspension of ~our Driving Privilege as authorized b~ Section 15321 of the PennsYlvania Vehicle Code. As a result of ~our 08/21/2001 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 12/11/2000: · Your driving privilege is SUSPENDED 1'0r 8 period of I YEAR(S) e~ectiYe 09/25/2002 at 12:01 a.m. ****************************************************......* I WARNING: If you are convicted of driving while your I I license is suspended/revoked the penalties will be a I I MINIMUM of 90 davs imprisonment AND a 1,000 fine AND I I Your driving privilege will be suspendedlrevoked for I I a MINIMUM I year period I *...****.****..***.******...**.*.*....*.................... 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 01112, Court Term 2001 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 1541(a.l) 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. Vou may wish to contact YOUI' probation officer and/or the Court after your release to make sure that PennDOT is properly notified. %-' ." ~~- 012906114356850 COURT ORnER TR~AT"ENT PROGRAM (ACT 122) Pursuant to Section 1548(d) of the Vehicle Code. the Court of CUMBERLAND CTV . Court Number 01112. Court Term 2001 has ordered YOU to attend a treatment program for alcohol or drug addiction. As a result of the court order. this suspension/revocation shall remain in effect until the De- partment is notified by the above Court that YOU have suc- cessfullY completed treatment and YOU are otherwise eligible for restoration of your driving privilege. IGNITION INTERLOCK Before your driving privilege can be restored YOU are re- Quil'ed 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 fol' an additional year. You will re- ceive lIore infol'mation regarding this requirement approxi- mately 30 days before your eligibility date. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation. we will send YOU a letter asking that YOU provide proof of in- suranc;e at that time. This letter will Ii st acceptable documents and what will be needed if yOU do not own a vehicle registered in Pennsylvania. 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 listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 3D days of the mail date. OCTOBER 24. 2001, of this letter. If YOU f11e an ap- peal 1n the Coun~y Court, the Cour~ N111 glve you a tlme- stamped certlfled COpy 01' the appeal. In order for your appeal to be valid. YOU must send this time-stamped certi- fied C;Opy 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. " ~ 0, " -, j~ ",..'-~ ~~~ "( ll' . ,-,., ':":~-_:n:~'f.G' 012986114356850 S:incerel.,. ~~.~ Rebecca L. Bickley, Director Bureau of Driver licensing INf~.ATION 7181 .... to 9.10 D.m. IN Sf ATE 1-80.-'12-4'0. TID IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-619. TDO OUT-OF-STATE 717-S91-6191 WEB SITE ADDRESS www.dot.state.pa.us Iii ~ ... U.ar,;,_."'~"'~" m.~~ ,~ -""",, " ,-~,' -. -- If ~~~ Jili>:>>l ACKNOWLEDGMENT OF REQUIRED UNDER SECTION 1541 OF THE VEHICLE coDe Ul1l!llf..... A (I, r~ -.. .r o By law, if you are reglsl8rod le vote, this .ppUcetIon wlft slso __ your v_ reg\st<1atIOt\ __ un.....s you _ here. TIlls Form May Only Be U8ed Under The Circumstances Listed Bslow, Vou MUST Mark the Appropriate BoxteB), Provide The RequoSled IntormatiOn, And SIgn The Form, , ,a Neve, licensed in Pennsylvania. 2. a LicenselPermit issued by Pennsylvania has expired. 3. Cl License issued by Pennsylvania has been surrendered to obtain another state's license. Date Surrender'ed 4. Q Licensed in another state. Issue Dale: Slate Driver's # 5. fjjI License issued by Pennsylvania has been: )I Lost How? 6. a License issued bV Pennsylvania has been surrendered to or confiscated by the Police. What Police Department? 7. Q License issued by Pennsylvania has been voluntarily surrendered for: a Insurance Purposes a Medlcal Reasons a Parentel Requesl When? 8, a LicenselPermlt issued by Pennsylvania has been previously surrendered to the Department of Transportation to serve an exisllng period of suspension, When? Why were you suspended? 9, a Acknowledgement/Affidavit has been previously surrendered to the Depertment 01 Trensportation to serve an existing period of suspension. When? Why were you suspended? ______ Expiration Date: o Stolen 0 Mutilated. When? "I - / .> - 0 I When? hereby acknowledge that my driving privilege Is SuspendedlRevokedJDisqualified in Pennsylvania. ~NO , certify that alllntormatiOn giVetl on this actmowledgment is true. and correct and hereby apply for prOper credil I understand that upon testoratiQn. t will be required to apply Jor the issuance. renewal. Of replacemf!nt of my Drive'" License. Leamers Pennit. or Camera Card. whiChever is needed. in order to be licensed in PennSylvama. tf u$ing a rnesung8f '.rvlce. I hereby authorize the Department to furnish them with my driving recant 'Of the purpose of proceS8ll\g '.;Sa. . >7LJ ~., J A~ C_ -7 <-- 01 X. ~,1H-rY 71~-c. ~/''0'r' 7 L. .. SIGN TUFlE IN ,"I( DATI WARNING: Misstalement 0' fact is a misdemeanor of the Ihird degree punishable by III fine 01 up to $2.500.00 and/or imprisonmem up to one year (18 PA C.S. SectlOJ'l 4904(b)). ADOmONAL INFORMATION Unless this document is being submitted by a Court of Record following sentencing. this form must be mailed to: PennDOT . Bureeu ot Driver L1censln9 . P,O, Box 68693 . Harrisburg, PA 17106-8693 Upon receipt. review and acceptance of this acknowledgment. PennOOT will send you a receipt confirming the date that credit began, If you do not receive this receipt within 3 weeks of your mailing. please contact PennOOT at the telephone numbers listed below to verify thai credit has begun: INFORMATION (7:00 a.m. to 9:00 p.m.) + In Stato: 1-800-932-4600 + Out-of-Stale: 1-717-391-6190 + TOO: 1,800-228-0616 + TOO Out,ol'S18to: 1-717-391-6191 t;t. "'fJ""",,"'~L."''''_-'- -"~. -~ 1i!IIIII' ~ .,-~....,.= IIiIkII - ~ "!ilQlIlIIdl~~lr~_ ,lik.'iJ': - ,- ;"-'-- ('~f;"""-.;"-'"-,__~_','_ ;C-_""'''"_,J;ii':>,io'-~ ,c,:j;" ,;.-, ", I':\ilii,!!ilf~;; PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY DEC 12 2001 PAGE 1 DRIVER: DAVID A RICHARDSON JR 1516 NEWVILLE RD CARLISLE, PA 17013 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE 25005326 : JUL 08 1979 : MALE REG LIC/ID DRIVER LICENSE (DL) LICENSE CLASS : LICENSE ISSUE DATE: LICENSE EXPIRES : ORIG ISSUE DATE MED RESTRICTIONS : LEARNER PERMITS LICENSE STATUS C OCT 19 JUL 31 AUG 04 NONE --------------------------------- COMMERCIAL DRIVER LICENSE (CDL) ------------------------------- 2000 2003 1999 CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS: CDL LICENSE STATUS SUSPENDED . . : SUSPENDED SB ENDORSEMENT . . PROBATIONARY LICENSE (PL) --------------------------------- PL LICENSE CLASS : PL LICENSE ORIG ISS: PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICtNSE STATUS : OCC~PATIONAt LIMITED LICENSE (OLL) ---~~~-~---~--------------------- OLLLICltNSJ!:.CLASS : OLL LIClllliiS1!:ISSUED : Oi.L):.Id~~~1!:EXPIRES: OLLLICENSE STATUS : *** CONTINUED *** *~ ~,~- "'$~ , , ".,-. <,' ,,~ - yO, _",_~, ,_ '--n'.i;":"_.'y.,,,,_'-,..?/'J".','--J :- 0_'."-,-.," ' ,":~j PAGE 2 CERTIFIED DRIVING HISTORY - DEC 12 2001 - LICENSE NUMBER 25005326 CONTINUED ------------------------------------------------------------------------------- .REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS ------------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: SEP 01 1995 VEHICLE CODE: 1533A FAILURE TO RESPOND SUSPENSION EFFECTIVE NOV 08 1995 OFFICIAL NOTICE MAILED OCT 18 1995 RESTORATION OF OPERATING PRIVILEGES APR 16 1998 SE;:p~6.19~9 VE;il!I~):..E;C~Ii>E.: 3361 T~~AS'JJFOR.CONDI'JJIONS OC!I!~~1~99 NO. AC!I!ION POIN,TS SEP 261999 VElHIQ~El/QQDE: 3362 EXCEElD~NG,...MAXI.l'l~M)13f!E;ED 057/Mf/HI"N A d:3SMPH ZONE DEC13/1999 ASS.I"GNE:D POINTS S:g:pP7 199~. VEll:IC$.:El CODEl: A3731 MAJOR VIOLATION ARt)-DUI SUSPE:NSJ:O:NIl'OR ...6 MON'l'HlS) EFfECTIVE APR 18 2000 OFFICI"AL NO'l'I"CE: .MAILEDMAR .14 2a.00 *** CONTINUED *** ~ ~ ," ,,-, >'~ L ~-' -.. -""__'~'"""~,,Oi'i_":_ '-". "'~lir__J'~~_;';_""'- - -~, ,'",' 'if';:" PAGE 3 CERTIFIED DRIVING HISTORY - DEC 12 2001 - LICENSE NUMBER 25005326 CONTINUED VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: COURT INFO: SEP 07 1999 VEHICLE CODE: 3323B STOP SIGN VIOLATION FEB 18 2000 POINT EXAM PASSED EXAM OCT 19 2000 RESTORATION OF OPERATING PRIVILEGES OCT 19 2000 AUG :242lI0i\) VEIfII(;)l:.E:.~p~l: . .];543B D~~G~!",R..AIiCHOL RE:L SUS A1:i'~ ~.920~]; SUE;~E:N~.:!iION FOR ...]; Y~~(S) EFFECTIVE OCT 12 2001 OFFICIAIi NOT:!iCE:MAILEDSEP 07 2001 JON 21:2~OI V~HI(;)LE9~PE: 1533A FAIJ:.~;Ji:Tq. REli~q.19P SU~~;Ji:19S$0N EF~~TIYEOCT 122;001 OFP'!CrAIiNOTf~l:l~ft,ED OCT~~>2001 093\):2 d'lj'~~~l:)1l1NO: J0704917 PHONE NO: (717P76""3187 *** CONTINUED *** ~~ , , ~"~ ~ o^~~-_"~,~,~~_~~~' -~"'-, ",,'~ -~-~- Y '-r, PAGE 4 CERTIFIED DRIVING HISTORY - DEC 12 2001 - LICENSE NUMBER 25005326 CONTINUED VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: COURT INFO: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUN 21 2001 VEHICLE CODE: 1533A FAILURE TO RESPOND SUSPENSION EFFECTIVE OCT 12 2001 OFFICIAL NOTICE MAILED OCT 05 2001 09302 CITATION NO: J0704918 PHONE NO: (717)776-3187 DEC 11 2000 VEHICLE CODE: 3731 MAJOR VIOLATION DRIVING UNDER INFLUENCE AUG 21 2001 SQS~Jj:,NSIO~,F().~ '" ".', l:i'Jj:Aliql) EF.FJj:CTIVE SEP 25 2002 OFFICJ:ALNOTitCEMArLEDoc'l),242001 AFFrDAVITRECEIVED Sl!:P 25 2001 ------------------------------------------------------------------------------- REPORT OF'MElx>rCALS~D DEPARTMENTAL ACTIONS ------------------------------------------------------------------------------- NO MEDICALS ORDl!:PARTME~TAL ACTIONSDURrN(l ,'!!HrS REPORTING PERIOD ---------------------~--------------------------------------------------------- REPORT OF ACClDEN'!!S AND DEPAliTMENTALACTIONS ------------------------------------------------------------------------------- *** CONTINUED *** ~$i . ,. ~-~ - . -, ',',,' ,'~~-'.,'".- ~--. ~., '.:1,:,- "'.' '. !i;,;,' __::r,' ;:~,;,,,:~_ ',:k.-..,",."":; :'j:;~~. ~~:fu.:';!'I'<:: '" __':' '~ , , PAGE 5 CERTIFIED DRIVING HISTORY - DEC 12 2001 - LICENSE NUMBER 25005326 CONTINUED MOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT INDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL'S VEHICLE WAS INVOLVED IN AN ACCIDENT ON THE DATE LISTED. ACCIDENT DATE: LOCATION: VEHICLE TYPE: SEP 26 1999 PERRY COUNTY PASSENGER ACCIDENT DATE: LOCATION: VEHICLE TYPE: DEC 11 2000 CUMBERLAND CTY PASSENGER *** END OF RECORD *** t'n ..."...., 'm . _,_ ~~ ~"'-' --'-~.-L; d'"I.i-'-"'~O',,",,"" -;;;"k,;_lJ ~"". "' :: lag->: . . , , PAGE 6 CERTIFIED DRIVING HISTORY - DEC 12 2001 - LICENSE NUMBER 25005326 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~~,~ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING F'OR SECRETARY OF' TRANSPORTATION COMMONWEALTH OF PENNSYLVAN:tA SS: DATE:DEC 12 2001 I HEREB~~!/.T'lFY THAT!/.EBE;C~L. BICKLEY, DIRECTOR OF THE BUREAU OF..J!!RIVER LICE~$IN~,<O,!!'THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATI()~IS'l'HE~G~ CUSTODIAN OF THE DRIVER LICENSING RECO~SOF.THE~~~~TMENT OF':l'~SPORTATION. AS THE DIRECTOR .0.. ..F.......<!p. 'o.HE... AFOR... .E....S...'A....'I....D BUREAU,.SR..EHA....S..... LEGAL CUSTODY OF THE ORIGIj~~LQR MIC,Rpr\:iLM<RECORDSW:tl3Hg,E THE SUBJECT OF THE ABOVE .CERTIFICA'l'IO~.. IN TESTIMl!!I\1.:i ~EREOJri . 1 .VE HERE~()I3E;':l'MYijAND AND SEAL OF THIS DEPARTMENT THE DAYoAND YEAR AEORESAID. SINCERELY, ~ SECRETARY OF TRANSPORTATION SEAL ,,~, . -",' - ,- , , ...;, "- --~. ~-, '1Iih~OroJj' r -rii;\,.s;'iJlii;L4i*:f;:' IN THE COMMONWEALTH COURT OF PENNSYL VANIA David A. Richardson, JI. v, No. 673 C,D, 2002 Submitted: August 20, 2004 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, . Appellant ~V~Co.D+ ~ BEFORE: HONORABLE DORIS A. SMITH-RIBNER, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE CHARLES p, MIRARCID, JR., Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE MIRARCID FILED: November 17, 2004 The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Cumberland County (trial court) that sustained the statutory appeal of David A. Richardson, Jr. from the requirement that he install ignition interlock devices on all vehicles that he owns before his operating privileges may be restored. The Department imposed the requirement under the act commonly known as the Ignition Interlock Law (Interlock Law), former Sections 7001-7003 of the oJudicial Code, 42 Pa, C.S, SS700l-7003,1 following Richardson's one-year 1 Repealed by Section 4 of the Act of September 30, 2003, P,L. 120 (Act 24). Provisions relating to ignition interlock are now found at Section 3805 of the Vehicle Code, 75 Pa. C.S. 93805. Act 24 adopted a sweeping revision and reorgauization ofPennsy1vauia statutes relating to driving under the influence, including repeal of Chapter 70 of Title 42 Pa. C.S. (the Interlock Law) and repeal of Section 3731 of the Vehicle Code, as amended, formerly 75 Pa. C.S. 93731, relating to driving under the influence of alcohol or controlled substance, and the inclusion of provisions concerning these and related subject matters in a new Chapter 38 of Title 75, relating ~~ """ "" , ., ."J.~< ~~""",,,,".~<"'_ c ,~ ' ~.. "lOiKoM&';!r-i<!;:"",, suspension under Section 1532(b)(3) ofthe Vehicle Code, as amended, 75 Pa. C.S. g1532(b)(3), We affIrm. Richardson was charged with violating former Section 3731 of the Vehicle Code, as amended, 75 Pa, C.S. g3731 (driving under the influence of alcohol or controlled substance (DUI))/ on September 7, 1999 and was placed into an Accelerated Rehabilitative Disposition (ARD) program. On August 21, 2001, Richardson was again convicted of committing a DUI offense on December 11, 2000, The sentencing judge did not, however, order Richardson to install an approved ignition interlock device under former Section 7002(b) of the Interlock Law, 42 Pa. C.S, S7002(b).3 On October 24, 2001, the Department notified Richardson that as a result of his August 21, 2001 DUI conviction, his operating to driving after imbibing alcohol or utilizing drugs. 75 Pa. C.S. SS3801-3817. These changes took effect February 1, 2004, pursuant to Section 22 of Act 24. 2 Repealed by Section 14 of Act 24. A similar provision is now found at 75 Pa. C.S. S3802. . 3 Sections 7002(b) of the Law provided as follows in relevant part: In addition to any other requirements imposed by the court, where a person has been convicted of a second or subsequent violation of75 Pa.C.S. S 3731, the court shall order the installation of an approved ignition interlock device on each motor vehicle owned by the person to be effective upon the restoration of operating privileges by the department. A record shall be submitted to the department when the court has ordered the installation of an approved ignition interlock device. Before the department may restore such person's operating privilege, the department must receive a certification from the court that the ignition interlock system has been installed. A licensee's acceptance of ARD is considered a first conviction under Section 7002(b). Section 7002(c). In addition, Section 7003(5), 42 Pa. C.S. S7003(5), provided: "A person whose operating privilege is suspended for a second or subsequent violation of75 Pa. C.S. S 3731 ... who does not apply for an ignition interlock restricted license shall not be eligible to apply for the restoration of operating privileges for an additional year.. .." 2 '1" ~.......,~ ~ " . l ~~.,~' ~1:'J1;~"1i!ik:.i ""If; i;,H""",iM.~;ilM;t , privilege was suspended for one year effective September 25, 2002, that he must install approved ignition interlock devices on all vehicles he owned to restore his operating privilege after serving the suspension period, and that upon his failure to do so, his operating privilege would remain suspended for an additional year. Richardson filed a timely appeal, contending that the court had the sole authority to impose the ignition interlock requirement under Section 7002(b) of the Law, and because the trial court did not impose such requirement in the sentencing order, the Department had no authority to do so in the suspension notice. After a de novo hearing, at which the Department presented a packet of certified documents showing Richardson's DUI convictions and driving record, the trial court sustained Richardson's appeal from the ignition interlock installation requirement imposed in the suspension notice, relying on Schneider v. Department of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (pa, Cmwlth. 2002), appeal discontinued (No, 20 MAP 2004, filed March 31, 2004), In Schneider, this Court held that the courts have the sole authority under former Section 7002(b) of the Interlock Law to impose the ignition interlock requirement, rejecting the Department's contention that it has independent authority to impose the requirement, regardless of whether the sentencing court complied with former Section 7002(b) of the Interlock Law, The Department's appeal to this Court followed.4 4 This Court's review is limited to determining whether the trial court's findings of fact are supported by competent evidence, or whether the trial court committed an error of law or an abuse of discretion. Frederick v. Department of Transportation, Bureau of Driver Licensing, 802 A.2d 701 (Fa, Cmw1th. 2002), 3 ~ ~ L , .-~~I ,~ ~."""-.;.,,,,,,.,,,,~~,,,~.~'-- , it'- iMl:l,&lWL8.,(~-:i On appeal, the Department argues that (1) the trial court erred by not requiring that Richardson "obtain" an ignition interlock restricted operator's license as a condition of restoration of his operating privilege; and (2) this Court should reconsider and reverse Alexander v. Department of Transportation, Bureau of Driver Licensing, 822 A.2d 92 (pa, Cmwlth. 2003), appeal granted, _ Pa. _,849 A.2d 1129 (2004), First, the Department does not raise any argument with respect to the trial court's actual disposition of Richardson's statutory appeal. Rather, it argues that the trial court, in its order, should have taken the additional step of requiring that Richardson obtain an ignition interlock restricted operator's license as a condition of restoration of his operating privilege. In Commonwealth v. Mockaitis, 575 Pa. 5, 834 A.2d 488 (2003), the Pennsylvania Supreme Court invalidated Sections 7002(b), 7003(1) and 7003(5) of the Interlock Law, finding that those sections violated the constitutional doctrine of separation of powers by delegating to the courts the executive responsibility of regulating whether and when repeat Dill offenders are entitled to conditional restoration of their operating privileges. The Court further held that the remaining sections of the Interlock Law are severable from the invalidated sections, and that the Interlock Law "still requires recidivist Dill offenders seeking restoration of . driving privileges to apply to the Department for an ignition interlock restricted license" and "still authorizes the Department to impose an ignition interlock restriction", at the expiration of one-year mandatory suspension." ld. at 29-30, 834 A.2d at 502-3.5 5 Before the Supreme Court's decision in Mockaitis, the Legislature amended the Law, effective September 30, 2003, deleting Section 7003(5) and adding a sentence to Section 7002(b), which provides that the courts' failure to impose the ignition interlock installation 4 l, ~ -~-~iM'''U '~iItlJ~lltl f""'~I:__ .' -, 1~"{;;"'_'''';'~';': Pursuant to Mockaitis, we have consistently held that the Department is authorized to issue interlock restricted licenses under Section 7003(2) of the Interlock Law. See, e.g., McDonald v. Department of Transportation, Bureau of Driver Licensing, 845 A.2d 221 (Pa. Cmwlth, 2004), and Cinquina v. Department of Transportation, Bureau of Driver Licensing, 840 A.2d 525 (Pa. Cmwlth, 2004), Indeed, in its brief, the Department contends that the imposition of a restricted ignition interlock license, following Mockaitis, is a purely administrative matter. See Department's Brief, p. 7, n. 5, Therefore, it is difficult to ascertain why the Department argues that .. the trial court erred by not setting forth in its order the requirement that the restoration of Richardson's operating privileges are dependent upon the issuance of a restricted license, when the issuance of a restricted license falls within the purview of the Department's administrative duties.6 Clearly, judicial intervention is not required under the aforesaid case law to mandate that the Department issue a restricted license under the Interlock Law, Moreover, the Department never requested such relief from the trial court. We accordingly find no error in the trial court's order as it is written. The Department next argues that this Court revisit and reverse Alexander, In Alexander, we rejected the Department's argument that the Interlock Law may be retroactively applied, The Department's rather exhaustive argumene is again curious, in that requirement "shall not prevent the department from requiring, and the department shall require" installation of such device. 6 Richardson does not dispute that the Department has authority to issue a restricted license under the Interlock Law, but correctly argues that judicial intervention is not necessary for the Department to issue such a license. 7 The Department's argument on this "non-issue" extends the length of its brief by 21 pages. 5 i '0 "' ",~~', ." "~"1iy~~ ..._f.0'lci!0'::,; (1) Richardson never raised the defense of retroactive application of the Interlock Law below, (2) the Department did not raise the issue of the holding in Alexander below, (3) Alexander is currently on appeal before the Supreme Court, and (4) we have repeatedly rejected the Department's attempts to revisit Alexander, particularly when the issue was not raised below, and certainly in light of the fact that the case is beyond our jurisdiction on appeal before the Supreme Court, See, e.g., Conrad v. Department of Transportation, Bureau of Driver Licensing, 856 A.2d 199 (Pa, Cmwlth. 2004), The Department has advanced no argument that establishes any basis for reviewing the issue under these circumstances, The trial court's order is accordingly affirmed, cQ. CHARLES p, MIRARCHI, JR., Seni 6 '~, ....._~..- "41--.-.].il>'---......,~A'.".!fuhHj, IN THE COMMONWEALTH COURT OF PENNSYL VANIA David A. Richardson, IT. v, No. 673 C,D. 2002 Commonwealth of Pennsylvania, Department of Transportation,. Bureau of Driver Licensing, Appellant ORDER AND NOW, this 17th day of November, 2004, the order of the Court of Common Pleas of Cumberland County in the above-captioned matter is affirmed. cQ CHARLES p, MIRARCHI, JR" Seni ;~~.&{'~"'o. "_"~a.':';~ TIKrU~'~-~ ;._~j,~;; ,-~, "j~fflj~""'tWiS-':M,,",3,'~"fi~~~~-'-"..i .,,- ~ rf j - ~~ ""~ .~-~" "-' -~~ -,,,~ ,^-, ~ .....~~""'" ~~~-- ,~,~ - ~ ~.~. ' ej~L/ _ _m' ",. < ^_ __ ,,~_"~ ,"~~._ lIi.'l -,~ it!' -~ -~. ~,~ ^. -~ M~ _. C) "'" c: ~ 0 C;::::;J ::"' ,-" -n -., :Il P'i. <:0 (-,::;11 "1"- I T,m :DO 9t~ -0 .'S'T ? ~J ::i; 'CoO N 01:11 -, W ):.... ::0 --<