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HomeMy WebLinkAbout03-3918CRAIG DOLAN, Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Appellee NO. DRIVER'S LICENSE SUSPENSION PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS AND NOW, comes the Appellant, Craig Dolan, by and through his Attorney, John A. Abom, of Abom& Kutulakis, LLP, who files this within Petition for Appeal from Imposition of Ignition Interlock Requirements and in support thereof, avers as follows: 1. Appellant, Craig Dolan, is an adult individual who currently resides at 611 Mallard Road, Apt. #45, Camp Hill, Cumberland County, Pennsylvania. 2. Appellee, Commonwealth of Peunsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County Pennsylvania. 3. On December 21, 1997, the Appellant entered the Dauphin County ARD Program for a DUI offense. 4. Appellant was cited on July 6, 2002, in Cumberland Cotmty, for allegedly committing a violation of the Vehicle Code. 5. On February 26, 2003, Appellant pled guilty to Driving Under the Influence, a second offense overall and for mandatory sentencing purposes. 6. On June 10, 2003, Appellant was sentenced in this Court for violating, 75 Pa.C.S. §373 l(a) of the vehicle code, Driving Under the Influence. (See Exhibit A). 7. The sentencing Court did not impose the installation of ignition interlock devices on vehicles owned by the Appellant as part of Appel lant's sentence. 8. Appellee suspended Appellant's driving privileges for a period of one year pursuant to 75 Pa.C.S. §1532(b)(3). 9. By letter dated July 24, 2003, Appellee advised the Appellant that in order to restore his driving privileges, he was required to meet a set of restoration requirements including the requirement to install an ignition interlock device on all of his said vehicles. (Copy of July 24, 2003 letter is attached as Exhibit B). 10. On January 11, 2002, the Commonwealth Court of Peunsylvania held that "the Trial Court has jurisdiction over driver license suspension appeals and ... the plain language of the Act does not permit Penn DOT to liave independent authority to impose installation f an ignition interlock device." Schneider v. Commonwealth, 790 A.2d (Pa. Cmwlth.2002). 11. On December 19, 2002, this Court followed the reasoning in Schneider and held that Penn DOT has no statutory authorization to direct an ignition interlock requirement, absent an order ora Trial Court. Heberline v. Comm. Of Pennsylvania, Dept. of Trans., (Opinion, December 19, 2002, Judge Bayley). 12. It is believed, and therefore averred, that the basis of the requirement of installing an ignition interlock device on all of Appellant's vehicles is based upon the conclusion that his December 21, 1997, ARD Admission is considered a prior conviction under 42 Pa.C.S. §7002. 13. On March 19, 2003, the Commonwealth Court held that the provisions of the Ignition Interlock Law applied to convictions occurring on or after September 30, 2000. Alexander v. Commonwealth, 822 A.2d 92 (Pa. Cmwlth. 2003). 14. Under 42 Pa.C.S. §7002, Appellant's ARD acceptance is not a conviction. Ibid. 15. The imposition by Appellee of an ignition interlock requirement upon Appellant is unlawful and unconstitutional. WHEREFORE, Appellant respectfully requests this Honorable Court to set a Hearing and that Appellee's imposition of ignition interlock devices on Appellant's vehicles be set aside. Date: Respectfully submitted, ~IBOM & KUTULAKIS, LLP 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 EXHIBIT A COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 02-2670 CRIMINAL TERM : CHARGE: (1) DUI CRAIG ANTHONY DOLAN : OTN: L126938-0 : AFFIANT: PTL. CHRISTOPHER KAUFMAN IN RE: SENTENCING ORDER OF COURT AND NOW, this 10th day of June, 2003, the Defendant, Craig Anthony Dolan, having appeared for sentence with private counsel, John A. Abom, Esquire, and the Court being in receipt of a sentencing report, the sentence of the Court is that he pay the costs of prosecution, plus a fine of $310.00, plus a $100.00 CAT Fund surcharge, and that he undergo imprisonment in the Cumberland County Prison for not less than 30 days nor more than 23 months. Immediate work release is authorized. The Defendant is authorized to serve this sentence in the Dauphin County Work Release Center. He is directed to report to the Work Release Center no later than 9:00 a.m. on Friday, June 13, 2003. If he is not a discipline problem at the prison, he shall be paroled at the expiration of his minimum sentence on July 13, 2003. All costs associated with his stay at the Work Release Center shall be paid by the Defendant. If he is a discipline problem at the Work Release Center, the authorities shall notify the Sheriff of Cumberland County, who shall forthwith transport him to the Cumberland County balance of his unexpired term. Prior to obtaining his Pennsylvania operating privileges, the Defendant must pay all court-imposed fines and costs and he must pay for and successfully complete an alcohol treatment program. Edward E. Guido, J. John C. Dailey, Esquire Assistant District Attorney John A. kbom, Esquire Private Counsel Probation Sheriff Victim - Witness CCP Dauphin County Work Release Center srs C OM~0N-WEAL TH V. CRAIG ANTHONY DOLAN OTN: L126938-0 IN THE COURT OF COM~0N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-2670 CRIMINAL TEP~M : CHARGE: ( 1 ) DUI : AFFIANT: PTL. CHRISTOPHER KAUFMAN IN RE: DEFENDANT SURRENDERS LICENSE ORDER OF COURT AA/D NOW, this 10th day of June, 2003, the Defendant, Craig Anthony Dolan, having on this date surrendered his current Pennsylvania operator's license to the Clerk of Courts, the Clerk is directed to transmit the same to the Pennsylvania Department of Transportation. John C. Dailey, Esquire ±nstant District Attorney A. Abom, Esquire Private Counsel Probation Sheriff Victim - Witness :srs COMMONWEALTH OTN: L12693 -0~ IN TH~uC~DU~ OF COMMON PLEAS OF CUMEERLkND COUNTY, PElX~SYLVJ~NIA 02-2670 CRIMINAL TERM CHARGE: (1) DUI AFFIANT: PTL. CHRISTOPHER KAUFMAN IN RE: SENTENCING AMENDING ORDER AND NOW, this llth day of June, 2003, Order of Court in the above-captioned matter dated June 10, 2003, is amended to reflect that the fine of $310.00 includes a $10.00 In all other respects, the Order shall EMS Services charge. remain the same. the C Edward E. Guido, J. John C. Dailey, Esquire Assistant District Attorney ,~n A. Abom, Esquire Private Counsel Probation Sheriff victim - Witness CCP Dauphin County Work Release Center srs EXHIBIT B COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 2~, 2003 CRAIG DOLAN WID ~ 031986251924820 001 611 MALLARD RD ~A5 PROCESSING DATE 07/17/2003 DRIVER LICENSE ~ 21146836 CAMP HILL PA 17011 DATE OF BIRTH 01/31/1966 Dear MR. DOLAN: This is an Official Not/ce of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result-of Your 02/26/2005 conviction of violating Section $751 of the Vehicle Code DRIVING UNDER INFLUENCE on 07/06/2002: Your driving privilege is SUSPENDED for a pePlod of 1 YEAR(S) effective 06/10/2003 at 12:01 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a $1,000 f/ne AND your driving privilege will be suspended/revoked for a MINIMUM 1 year per/od Before PennDOT can restore your driving privilege, you must fallow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF iNSURANCE. You Should follow ALL instructions very carefully. Even if you have served all the tlme on the suspension/revocation, we cannot restore your drlv/ng privilege until aZ1 the requirements are satisfied. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that Your driving privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possess/on ZMMEDZATELY. YOU NAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZPZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper 03198~2~192~820 identification (e.g., birth passport~ marriage certificate~ your photo identification card. certificate, valid U.S. etc.) in order to obtain You ~iZ1 not receive credlt toward serving any untll we receive your license(s). Complete the steps to acknowledge this suspension. suspension following 1. Return all current Pennsylvania driver"s licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating You are aware of the suspension of Your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember= You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg~ PA 17106-8695 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), camera card(s)~ and/ar a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit begins. If you do not receive a receipt from us within 3 weeks~ please contact our office, Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If you do not return all current driver license products, we must refer this matter to the PennsYlvania State Police for prosecution under SECTION 1571(a)(q) of the Pennsylvania Vehicle Code. PRISON RELEASE REQUIREHENT (ACT151) The Court of CUMBERLAND CTY, Court Number 02670, Court Term 2002 has sentenced You to serve a prison term for this violation. Pursuant to Section ISqI(a.1) of the Vehicle Code, You will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete Your prison term and you have complied with the requirements listed in this letter. 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. 051986251924820 IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have ail 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 $0 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 insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ZmpoPtant: 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 30 days of the mail date, JULY 24, 2003, of this letter. Z~ you ~ile an appeal tn the County CouPt, the CouPt will give you a time-stamped certified copy of the appeal, In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember~ this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT ZNHEDZATELY. Sincerely~ Rebecca L. Bickley, Director Bureau of Driver Licensing CRAIG DOLAN, Appellant AUO I 2 2003 : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Appellee NO. DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this day of ~ua~,"~ , 2003, upon consideration of Appellant's Petition for Appeal, it is hereby ORDERED that a Hearing shall be held on the a~Off/2e~ day of ~'~ , 2003, at/ff,'z3d) o'clock t4,M in Courtroom Number /t , Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: ~/A. Aborn, Esquire Abom& Kutulakis, L.L.P. 36 S. Hanover Street Carlisle, PA 17013 d~nnsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center HanSsburg, PA 17104-2516 BY THE COURT: O$.lq- CRAIG DOLAN, Appellant COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW' NO. 03-3918 CIVIL TERM 1N RE: PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS ORDER OF COURT AND NOW, this 19th day of September, 2003, due to a conflict in the Court's schedule, the hearing previously scheduled in the above matter for October 23, 2003, is rescheduled to Friday, November 14, 2003, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. John A. Abom, Esq. 36 S. Hanover Street Carlisle, PA 17013 Attorney for Appellant BY THE COURT, J. Ol , 3i., George Kabusk, Esq. Chief Counsel's Office Pennsylvania Department of Transportation Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Appellee CRAIG DOLAN, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3918 LICENSE SUSPENSION APPEAL ORDER ANDNOW, this [q~ dayof I[)~,~.-~:~ ,2003, theappeal filed in the above referenc~ maRer is DENIED in p~ ~d ~DED ~ p~. ~e petitioner's appe~ is DENIED re~d~g ~e one ye~ s~p~sion imposed ~d~ 75 Pa. C.S. 1532~) as a ~uen~ of~e petifion~'s ~nhction on Feb~ 26, 2003, for a holafion of 75 Pa.C.S. 3731(a) on July 6, 2003. ~e pefition~'s appeal is ~ED to ~e D~mha~t ~d ~e Dep~t sh~l CO--CT THE ~CO~ ~ ~SC~ THE ~QU~MENT T~T THE PETITIONER COMPLY ~TH THE ~QU~ME~S OF THE IGNITION ~TE~OCK LAW, 42 Pa. C.S. 7001-7003, ~at the D~mhu~t impos~ M~out a ~ order ~ a ~ndi~on to ~e restoration of ~e petitioner's ~hng privilege ~ a result of ~e pefition~'s ~olation of S~fion 3731 of the Vehicle Code, violation date July 6, BY THE COURT ~rTgRe~SKT}bOuNs~, Esquire, PennDOT, Riverfront Og :ent:,' 101 ~ Fret ~; J' H~sburg, PA 17104-2516 John A. Aborn, Esquire, 36 South Hanover Street, Carlisle, Pennsylvania 17013