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Home My WebLink About03-4056MAX J. PEAIR, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPD/{TMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL NUNC PRO TUNCAPPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW, comes the Appellant, MAX J. PEAIR, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C. respectfully avers the following: 1. Appellant resides at 35 Spring Garden Ests. Carlile, Cumberland County, Pennsylvania 17019. 2. Appellant was convicted of a Driving Under the influence violation that occurred on February 26, 2001. 3. The Appellant received a RESTORATION REQUIBY24ENTS LETTER from the Commonwealth of Pennsylvania Department of Transportation, dated August 06, 2003, stating that as a result of his conviction, his license would be suspended for a period of 1 year beginning September 02, 2002. (See Exhibit "A" attached hereto). 4. In that same letter described above, Appellant was required to install an ignition interlock system, or a second one- year suspension would apply. (See Exhibit "A" attached hereto). 5. The Appellant submits that any delay in filing this appeal was caused by fraud or a breakdown in the administrative process, specifically, the RESTORATION REQUIRE/W_ENTS LETTER is not clear as to the period for appealing ignition interlock. 6. The Appellant submits that the trial court used its discretion in NOT ordering the installation of an ignition interlock device. 7. Appellant submits that the Commonwealth Department of Transportation has no independent authority to order the installation of ignition interlock on first offenders of 75 Pa. C.S.A. § 3731 has 8. Appellant additionally argues that ignition interlock been held unconstitutional in Cumberland County for violating the equal protection clause of the Pennsylvania Constitution. WHEREFORE, the Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter, or to dismiss the unconstitutional and unauthorized ignition interlock requirement by the Commonwealth Department of Transportation. Date: Respectfully submitted, Patrick F. Lauer, Jr.,~Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 MAX J. PEAIR, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: LICENSE SUSPENSION APPEAL I verify that the APPEAL FROM SUSPENSION VERIFICATION statements made OF OPERATOR'S correct. I understand that false subject to the penalties of 18 Pa. unsworn falsification to authorities. in this NUNC PRO TUNC PRIVILEGE are true and statements herein are made C.S. ~ 4904, relating to Signature: - ~ MAX J? PEAIR MAX J. PEAIR, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: : : : LICENSE SUSPENSION : APPEAL : ATTORNEY VERIFICATION The undersigned, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: 1. He is the attorney for the Appellant, MAX J. PEAIR; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and belief; 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 MAX J. PEAIR, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: : : : LICENSE SUSPENSION : APPEAL : CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Camp Hill, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 COMHONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17125 08/06/03 MAX J PEAIR DRIVER'S LICENSE NUMBERs 21022928 55 SPRING GARDEN ESTS BIRTH DATE: 05/Oq/6q ELIGIBILITY DATE: 09/05/05 CARLISLE PA 17015 Dear HR. PEAIR : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege, PLEASE BE ANARE 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 all 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 $25.00 restoration fee to PENNDOT. Write your drivar"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 50 days of your ELIGIBILITY DATE, provide a copy of one of the following to PENNDOT to show that all 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 Pennsylvaniaj send a signed statement of this fact to PENNDOT which reads "I do 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. TERN SUSPENSZON/REVOCATION LICENSE NO. : 21022928 -You have a 1 YEAR(S) suspension/revocation that began (or will begin) on 09/02/02. Credit for serving this suspension/revoca- tion began (or will begin) on 09/02/02 and will end on 09/05/05. The suspension/revocation resulted fram a violation on 02/26/01 of Section $751, DRIVING UNDER INFLUENCE IGNITION INTERLOCK You are required to have an approved Ignition Interlock System installed in ail of your vehicle(s). Approximately 50 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the System installed. -Interlock Installation Services 1-800-452-1759 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. - 1-866-$q2-q984 -Pennsylvania Interlock - 1-866-718-8606 -Draeger Interlock, Inc. -1-800-552-6858 -American Interlock Services -l-877-275-ZBql You will need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY lq1 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 vehicle(s), 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. LICENSE NO. ~ 21022928 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 HAILING 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 all documents you send to PENNDOT. Thank you. P.S. REHEHBER, your ELIGIBILITY DATE is 09/05/03. HAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 6869~ Harrisburg, PA 17106-8695 INFORHATION (7=00 AH to 9500 PH) IN STATE 1-800-952-q600 OUT-OF-STATE 717-591-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 3 Y[AX J. PEAIR, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAu OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL 2003, upon consideration of this 1VUNC PRO TUNC APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Ordered that a Hearing on the matter shall be held on ~ day of 2003, at /.'3~ O'clock ~.m. in Courtroom No. -- ~ of the Cumberland County Courthouse. A supersedeas is 1550 (b)(1) appeal. granted pursuant to Vehicle Code Section until such time that this honorable court resolves this D~Atribution: Dept. of Transportation, rfront Office Center, Harrisburg, PA 17104 rick F. Lauer, Jr., Esq., Office of C. hief Counsel, Third 2108 Market St., Camp Hill, Pa Je Floor, 17011 MAX J. PEAIR, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4056 LICENSE SUSPENSION APPEAL filed in the above referenced matter is REMANDED to the Department 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 February 26, 2001. DISTRIBUTION: " ~' - Ge°rge.H.. K.a. busk, Esquire, PennDOT, Riverfront Office Center, ll01 South Fro~tStreet J' · inamsl~urg, Pennsylvania 17104-2516 -"~ ' . Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, Pennsylvania 17011 //