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Home My WebLink About03-3839WILLIAM D, SWANK, V. COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION : LICENSE SUSPENSION APPEAL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL AND NOW, comes the licensee and fries the following appeal: 1. Your Petitioner is William D. Swank, is an adult individual having an address of 4 E. Willow Terrace Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of Pennsylvania, Depa~iment of Transportation, Bureau of Driver's Licensing has as an address, P.O. Box 68693, Harrisburg, Pennsylvania. 3. On or about July 16, 2001, The Petitioner herein was convicted of driving under the influence for which Petitioner's license was suspended for a period of one (1) year in the Court of Common Pleas of Cumberland County. 4. Department of Transportation on the 16t~ day of July, 2003, sent a restoration letter to the Petitioner herein which, among other things, required the Petitioner to install ignition interlock. Copy of said letter is incorporated here'm by reference and attached hereto as Exhibit "A." 5. The restoration of the Petitioner's license requiring the installation of the ignition interlock is invalid, null and void and should be stricken for the following reasolls' (a) The Court of Common Pleas, at the time of sentencing did not require Petitioner to install i~ition interlock. (b) No appeal was taken fi.om the sentencing Order of the Court of Common Pleas of Cumberland County. (c) The Depmanent of Transportation has no independent authority to require the installation of i~ition interlock device absent a court order. (d) The requirement of PennDOT is null and void. 6. Petitioner believes and therefore avers that he is entitled to the return of his license provided all of the restoration requirements are met with the exception of the ignition interlock, effective August 15, 2003. WHEREFORE, Petitioner requests this Court to grant relief by directing the restoration of his driving privilege effective August 15, 2003, without the requirement of the ignition interlock. Respectfully submitted, ~Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant Date: VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG~ PA 1712~ 07/1&/0~ WILLIAM DENNIS SWANK DRIVER'S LICENSE NUMBER= 15711572 q E WILLOW TERRACE DR BIRTH DATE: 10124/52 ELIGIBILITY DATE= 08/15/05 MECHANICSBURG PA 17055 Dear MR. SWANK This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete a11 requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a 925.00 restoration fee to PENNDOT. Write your driver's license number (listed above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PENNDOT. PROOF OF INSURANCE -Within $0 days of your ELIGIBILITY DATE, provide a copy of one of the following to PENNDOT to show that all motor vehicles currentiy registered in Pennsylvania in your name are insured= *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An applicat~on of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsyivania, send a signed statement of th~s fact to PENNDOT which reads !'I do not own any motor vehicles currently registered in Pennsylvania". P[ease include your name, address, driver's i~cense number and date of b~rth on the statement. IGNITION INTERLOCK LICENSE NO. : 15711572 You are required to have an approved Ignition Interlock System installed in ail of your vehicle(s). Approximately $0 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the SYstem installed. -Interlock Installation Services - 1-800-~52-1739 -Consumer Safety Technology, Inc. 1-877-777-5020 -National Interlock, Inc. - 1-866-3~2-~98~ -PennsYlvania Interlock - 1-866-718-8606 -Draeger Interlock, Inc. -1-800-552-685B -American Interlock Services -1-877-275-284! You will need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 00692 2001 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicleCs), your driving privilege will remain suspended for an additional year. IGNITION INTERLOCK LICENSE -In order to have your driving privilege restored you must apply for an Ignition Interlock license. An Ignition Interlock license entitles you to drive only vehicles equipped with an Ignition Interlock System. You may make application 30 days BEFORE Your eligibility date. An application is enclosed for your convenience. This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on a11 documents you send to PENNDOTo Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 08/15/05. 2 LICENSE NO. = 15711B72 MAILING ADDRESS= PENNDOT Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8693 INFORMATION (7:00 AH to 9:00 PH) IN STATE 1-800-932-fi600 OUT-OF-STATE 717-391-6190 TOD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 3 LICENSE NO. : 15711572 IGNITION INTERLOCK LICENSE APPLICATION To apply for an Ignition Interlock license, please sign below and submit this page with a check or money order in the amount of $15.~0 to the mailing address listed at the bottom of this letter. Your check or money order should be made payable to PENNDOT. DRIVER'S LICENSE NUMBER - I5711572 WILLIAM DENNIS SWANK q E WILLOW TERRACE DR MECHANICSBURG PA 17055 SIGNATURE TELEPHONE NO: If your address has changed, please print the correct address here: If you choose not to install an Ignition Interlock System, you do not have to apply for an Ignition Interlock license, HAILING ADDRESS= PENNDOT P.O. Box 68695 Harrisburg, PA 17106-8693 WILLIAM D. SWANK, V. : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PA : LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION : AND NOW, thil ~dday o ~~y .~003, upon Petition of Appeal filed on behalf of licensee, a hearing is set for the, of (~ffol~, 2003, at qf,.~ ~) o'clock /t~. in Courtroom No._~_ of the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. The Respondent, Department of Transportation is Ordered to restore the licensee's license effective August 15, 2003, provided restoration requirements by the licensee are met, except for the requirement of Ignition Interlock. BY THE COURT: Distribution: Prothonotary's Office Office of Chief Counsel, Penn DOT 1101 S. Front St., Harrisburg PA 17104-2516 P. Richard Wagner, Esquire 2233 North Front St., Harrisburg, PA 17110 WILLIAM D. SWANK, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3839 LICENSE 'SUSPENSION APPEAL . day of ,2003, the appeal filed in the above referenced matter is REMAN1)EI) to the D~f~artment and the Department shall CORRECT THE RECORD AND RESCIND THE REQUIREMENT THAT THE PETITIONER COMPLY WITH THE REQUIREMENTS OF THE IGNITION INTERLOCK LAW, 42 Pa. C.S. 7001-7003, that the Department imposed without a court order as a condition to the restoration of the petitioner's driving privilege as a result of the petitioner's violation of Section 3731 of the Vehicle Code, violation date January 18, 2001. BY THE COURT DISTRIBUTION: ~George H. Kabusk, Esquire, PennDOT, Riverfi'ont Office Centex, 1101 South Front Harrisburg, PA 17104-2516 v/P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 I0. .1