HomeMy WebLinkAbout03-2890CHRISTOPHER D. FREEDMAN
Petitioner
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. o~- 2~o ~
: LICENSE SUSPENSION APPEAL (FROM
: IMPOSITION OF THE INTERLOCK
: REQUIREMENT AND THE IMPOSITION OF
: AN ADDITIONAL YEAR OF SUSPENSION
: FOR FAILURE TO COMPLY)
LICENSE SUSPENSION APPEAL
AND NOW, comes Petitioner, Christopher D. Freedman, by and through his attorneys, Mancke,
Wagner & Spreha, and makes the following averments in support of this License Suspension Appeal:
1. Petitioner, Christopher D. Freedman, is a Pennsylvania licensed driver with a residence address
of 16 Drexel Place, New Cumberiand, Cumberland County, Pennsylvania.
2. Respondent, Pennsylvania Deparlment of Transporta~on, Bureau of Driver Licensing, has a mailing
address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County,
Pennsylvania 17104-2516.
3. Petitioner received a notice of license suspension by way of letter dated June 2, 2003 from the
Department of Transportation indicating, in pertinent part, 'You are required to have an approved Ignition
Interlock System installed in all of your vehicle(s) .... If you choose not fo install the Ignition Interlock System
in your vehicle(s), your drk, fng privilege willmmain suspended for an additionalyear.' Said notice is attached
hereto as Exhibit 'A' and incorporated herein by reference.
4. The above-mentioned provision, as part of the Department's notice of June 2, 2003, is illegal,
invalid, and improper for masons which include, but are not limited to, the following:
(a)
At the time of Petitioner's sentencing in Dauphin County, the trial court
did not order that each motor vehicle owned by the Petitioner be
equipped with an approved ignition interlock system and Penn Dot has
no authority to order the ignition interlock or fo extend the license
suspension for an addi0onal year. See Schndder v. Penn Do[ 790 A.2d
363 (Pa. Cmwlth. 2002).
(b)
The provisions of Act 63 of 2000 are unconstitutional in that the Act
violates Article III, §1 of the Pennsylvania Constitution which provides,
in peKdnent part 'no law shall be passed except by Bill and no Bill shall
be so altered or amended on its passage through either House as to
change its originalpuqx)se.' Cons[ Art. Iit, §1.
(c)
The provisions of Act 63 violate the Pennsylvania Constitution because
no Bill shall be passed containing more than one subject by including
provisions for restitution for identity theft along with ignition interlock
requirements. Const Art Ill, §3.
(d)
The provisions of Act 63 are unconstitutional in that it violates Article Ill,
§4 of the Pennsylvania Constitution which provides, in pertnent part
~Evety Bill shall be considered on three different days in each House ...~
Cons[ Art III, {4.
(e)
The provisions of Act 63 violate Petitioner's equal protection and due
process dghts under the State and Federal ConslJtutions by treating
similarly situated persons differeniJy without a rational basis. Said
unequal enforcement of the law is not rationally related fo the protection
of the public from intoxicated drivers.
The provisions of ACt 63 violate the Separation of Powers Docbine and
procedural due process as the intedock requirement is not analogous to
the imposition of costs in a criminal proceeding, is not administ~ve in
nature and interferes with the sentencing power of the court as it
requires the court to certify to the executive branch (Penn Dot) whether
www.legis.state.pa.us, in chronological order beginning with the summary and printer numbers 952, 1225,
1814, 1918, 2038, and 2059.
WHEREFORE, PetJ~oner prays that this Court declare that the portion of the Department's no~ce of
June 2, 2003 which roads: "You are required to have an approved Ignition Interlock System installed in all of
your vehicte(s) .... If you choose not to install the Ignition Interlock System in your vehicte(s), your driving
privilege will remain suspended for an additional year. ~ be declared illegal, unconstitutional, and stricken as
part of the Deparlmenfs n~ce and direct that the Deparlment reinstate the Pe~tJoner's driving privileges after
the one (1) year suspension for the conviction for driving under the influence, subject to the payment of the
restoration fee and providing proof of insurance.
Dated: June 19, 2003
Respectfully submitted,
JohnI~M~cke, Esq,. ID No. 07212
Mancke, Wagner & Spreha
2233 N. Front S~eeL Harrisburg, PA 17110
717-234-7051, Attorney for Peffioner
4
VERIFICATION
I hereby ve~/ that the statements made in this document are true and correct. I understand
that false ~nents herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom
falsi~calJon to authorizes.
Date
CI1dstopher D. Freedmen
5
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU ~F DRIVER LICENSING
HARRISBURG, PA 17123
06/02/05
CHRISTOPHER D FREEDMAN DRIVER'S LICENSE NUMBER: 23q98678
16 DREXEL PLACE BIRTH DATE= ll/Oq/7q
ELIGIBILITY DATE: 06/07/04
NEN CUMBERLAND PA 17070
Deer MR, FREEDMAN : ........
This is a RESTORATION EEOUIREMENTS LETTER. It lists what you
must do to restore your driving privilege. PLEASE BE AWARE THAT
THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified
bY the Department of Transportation (pennDOT) that your driving
privilege has been restored. Only after that may you drive,
An ELIGIBILITY DATE is listed above. This is the date you are eligib/~
to have your driving privilege restored, orovided no other violations
are processed against your driving record. This date is effective
regardless of any other dates listed within this letter.
Please read the roi[owing information carefully and be sure to
complete all reouirements to have your driving privilege restored.
Unless another address is indicated, return any documents and/or
fees to the MAILING ADDRESS listed at the end of this letter.
RESTORATION FEE
-You must pay a 925.00 restoration fee to PENNDOT.
driver's license number (listed above) on the check
to ensure proper credit. Your check or money order
payable to PENNDOT.
PROOF OF INSURANCE
Write your
or money order
should be made
-Within 50 days of your ELIGIBILITY DATE, provide a copy of one of
the following to PENNDOT to show that al1 motor vehicles currently
registered in Pennsylvania in Your name are insured: *Insurance ID card *Declaration page of Your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan
If you do not own a motor vehicle currently registered in Pennsylvani
send a signed statement of this fact to PENNDOT which reads "I dc
not own any motor vehicles currently registered in Pennsylvania".
Please include your name, address, driver's license number and date
of birth on the statement.
COURT ORDERED TREATMENT PROGRAM CACT 1221
LICENSE NO. : 25A9867B
-You must successfully comulete the treatment program for alcohol
or drug addiction ordered by the Court of DAUPHIN COUNTY, Court
Number 818. Court Term 2002. The Court most certify to
PENNDOT that you completed the treatment program. PENNDOT recommends
that you CONTACT YOUR PROaAT~ON OFFICER and/or the Court to ensure
that PENNDOT is properly notified.
TERM SUSPENSION/REVOCATION
-You have a i YEAR(S) susDension/revocatimn that began (or
will begin) on 05/07/02. Credit far serving this suspension/revoca-
The susDension/revocatlon resuZted from a violation on 0I/2[/02
of Section 57~[, DRIVING UNDER INFLUENCE
IGNITION INTERLOCK
You are required to have an ao~roved Ignition Interlock System
instaZZed in all of your vehicZe(s). AoproximateiY hO days before
your ELIGIBILITY DATE, you should contact one of the following
ammroved vendors Zisted below to make arrangements to have the
System installed.
-InterLock InstaLlation Services 1-800-qS2-[75g
-Consumer Safety Technology, Inc. - 1-877-777-5020
-NationaI Interlock, Inc.
-PennsyZvanla InterLock - I-8&6-TZS-860&
-Oraeger Interlock, Inc. -1-800-$$2-68§8
-American Interlock Services -I-877-275-28q[
You will need to provide the vendor the following court information
before the System can be installed.
COUNTY COURT NUMBER COURT TERM
DAUPHIN COUNTY 8[8 ~2
PZease retain a copy of this Ietter to assist you in this orecess.
If you choose not to install the ~gnition InterLock System in your
vehicLeCs) ~ your driving ~rivi[ege wili remain susoended for an
additional year.
IGNITION INTERLOCK LICENSE
-In order to have your driving PriviLege restored you must a,piy for
an Ignition [nterZock L~cense. An Ignition InterIock License entitIe
You may make aop[ication $§ days BEFORE your eIigibi[ity date.
2
LICENSE NO. : 2]~9867B
This letter identified the requirements necessary to restore your
driving privilege and we are looking forward to working with you to do
this. Unless another address was indicated~ return any documents and/c
fees to the NA[LIN~ ADDRESS listed beZaw. Phone numbers are provided
for your use. To ensure prompt customer service, please write your
driver's license number, listed at the beginning of this letter, on ali
documents you send to PENNDOT. Thank you.
P.S. REMEMBER, your ELIGIBILITY DATE is 06/07/0q.
MAILING ADDRESS:
PENNDOT
Bureau of Driver Licensing
P.O. Box &8693
Harrisburg, PA 17106-8693
INFORMATION (7:00 AM to 9:00
IN STATE 1-800-952-~600
OUT-OF-STATE 717-$91-6~90
TDD TN STATE 1-BOO-228-O&7&
TDD OUT-OF-STATE 717-391-~191
CHRISTOPHER D. FREEDMAN
Petitioner
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: LICENSE SUSPENSION APPEAL (FROM
: IMPOSITION OF THE INTERLOCK
: REQUIREMENT AND THE IMPOSITION OF
: AN ADDITIONAL YEAR OF SUSPENSION
: FOR FAILURE TO COMPLY)
AND NOW, this ~1
day of ,2003, upon Petition of Christopher D. Freedman,
a hearing is set on the License Suspension Appeal for the "Z'"~ay of ,~ 003 at
~.m. in Courtroom No. ~beriand County Courthouse, Carlisle, Pennsylvania.
Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at
least sixty (60) days prior to the date of said hearing.
Distribution: J.
Prothonota~s Office
Office of Chief Counsel, PA Depalment of Transport~tion~
1101 S. Front St, Harrisburg, PA 17104-2516
John B. Uancke, Esquire
2233 N. Front St, Harrisburg, PA 17110
CHRISTOPHER D. FREEDMAN, ' IN THE COURT OF COMMON PLEAS OF
PETITIONER · CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
: 03-28g0 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this ~ day of July, 2003, the order of court entered on June
20, 2003, setting a hearing on the within license suspension appeal for the 22nd day of
September, 2003, at 1:30 p.m., is amended to provide that this appeal shall act as a
supersedeas from the imposition of the interlock requirement of an imposition of an
additional year of suspension on petitioner's conviction for driving under the influence.
John B. Mancke, Esquire
For Petitioner
George Kabusk, Esquire
For the Department of Transportation
:sal
CHRISTOPHER D. FREEDMAN, :
Petitioner :
V. :
:
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING, :
Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2890 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of September, 2003, this matter
having been called on an appeal by petitioner from the
imposition of an interlock requirement, and the parties agreeing
to continue the case generally until the issue is resolved
before the Supreme Court of Pennsylvania, the case is continued
generally to
the call of either party.
By the Cou~r~7-~
Edgar 7 B~yley, J.
George H. Kabusk, Esquire
For the Department of Transportation
John B. Mancke, Esquire
For Petitioner
prs
CHRISTOPHER D. F~EEDMAN,
iPETITIONER
COMMONWEALTH
DEPARTMENT OF ~
BUREAU OF DRIVE
AND NOW,
filed in the above ref
CORRECT THE RI
PETITIONER COlg
INTERLOCK LAW
order as a condition tc
petitioner's violation
DISTRIBUTION:
George H. Kabusk, E~,
Harrisburg, Pt
John B. Mancke, Esqt
DF PENNSYLVANIA,
RANSPORTATION,
LICENSING,
LESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYI,VANIA
No. 03-2890
LICENSE SUSPENSION APPEAL
ORDER
is-- ~ day of ~L//6/''~-~ , 2003, the appeal
raced matter is REMANDED to the Department and the Department shall
UORD AND RESCIND THE REQUIREMENT THAT THE
LY WITH THE REQUIREMENTS OF THE IGNITION
2 Pa. C.S. 7001-7003, that the Department imposed without a court
the restoration of the petitioner's driving privilege as a result of the
['Section 3731 of the Vehicle Code, violation date January 21, 2002.
BY THE C',o_U~T-
/ J.
luire, PennDOT, Riverf~ont Office Center, 1101 South Front Street,
17104-2516
re, 2233 North Front Street, Hanisburg, Pennsylvania 17110
I1.~,1.o~
The Honorable Edgar i
The Court of Commor
Cumberland County C
1 Courthouse Square
Carlisle, Pennsylvania
Re: Christ,
Court ~
Suspe~
Dear Judge Bayley:
The above-reft
the Department impos
Department of Transp
absence of a court ord
The matter wa
Based on the 1:
influence and ignition
with respect to the im]
interlock requirement
was adopted the Supn
(Pa. 2003), posted on
regarding the issues o
aforementioned polic:
feel ethically bound t(
Please find en,
Order remands the apl
interlock requirement
I spoke to Mr.
and the proposed ord~
GOVERNOR'S OFFICE OF GENERAL COUN
TELEPHONE: 717.787.2830
FAX: 717.705.1122
www.dot.state.pa.us
OFFICE OF CI~IEF COUNSEL - Vehicle & Traffic Law Division
Riverfront Office Center
I101 South Front Street
Harrisburg PA 17104-2516
October 31, 2003
Pleas of Cumberland County
~urthouse
[7013
pher D. Freedman v. Cmwlth. of Pennsylvania., Dep!. of Trans.,
f Common Pleas of Cumberland County, 03-2890, L~eense
~ion Appeal
'enced matter is an appeal of the imposition of the ignition interlock which
d without a court order. The petitioner challenged the authority of the
rtation to require the installation of an ignition interlock system in the
r directing such installation. See 42 Pa. C.S. §§ 7001-7003.
continued generally.
ovisions of the recently-enacted law addressing driving under the
nterlock, the Department adopted a policy in which it revised its position
osition of the ignition interlock and agreed to remove the ignition
n those cases where it had not been ordered by the court. Since that policy
ne Court issued Commonwealth of Pennsylvania v. Mockaitis, _ A.2d _
)ctober 17, 2003, which upholds several of the Department's positions
aceming the ignition interlock. I made representations of the
to Attorney Mancke regarding this case which had been continued and I
follow through with my representations.
[osed a proposed Order for the above-mentioned matter. The proposed
eal to the Department to update its records and remove the ignition
which was imposed by the Department without a court order.
vlancke, attorney for the petitioner, and he concurs with such a disposition
Cc: John B. Manck
Enclosure
Very truly yours,
George H. Kabusk
Esquire, 2233 North Front Street, Harr/sburg, Pennsylvania 17110