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Home My WebLink About03-4829DAVID L. GOOD Petitioner V. 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) LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, David L. Good, by and through his attorneys, Mancke, Wagner & Spreha, and makes the following aven~ents in support of this License Suspension Appeal: 1. Petitioner, David L Good, is a Pennsylvania licensed driver with a residence address of 2184 Ritner Highway, Shippensburg, Cumberland County, PA. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver L'~::ensing, has a mailing address at Riverfront C)ffice 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 August 27, 2003 from the Department of Transportation indicating, in pertinent part, 'Before your driving p#vilege 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 p#vilege will remain suspended for an additionalyear. You will receive mom information regarding this requirement approximately 30 days before your eligibility date.' Said notice is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The above-mentioned provision, as part of the Departmenrs notice of August 27, 2003, is illegal, invalid, and improper for reasons which include, but ara not limited to, the following: (a) At the time of Petitioner's sentencing in Cumberland 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 to extend the license suspension for an additional year. See Schneider v. Penn Dot, 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 pertinent 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 odginalpuq~ose.' Const. Art. III, {}1, The pravisions of Act 63 violate the Pennsylvania Constitution because no Bill shall be passed containing mora than one subject by including provisions for rastitution for identity theft along with ignition interlock raquiraments. Const. Art. III, §3. (d) The provisions of Act 63 ara unconstitutional in that it violates Article III, {}4 of the Pennsylvania Constitution which provides, in pertinent part: "Every Bill shall be considered on three differant days in each House..." Const. Art. III, ~. (e) The pravisions of Act 63 violate Petitioner's equal protection and due process dghts under the State and Federal Constitutions by traating similarly situated persons differantly without a rational basis. Said unequal enforcement of the law is not rationally ralated to the protection of the public from intoxicated drivers. (f) The provisions of Act 63 violate the Separation of Powers Doctrine and procedural due process as the interlock requirament is not analogous to the imposition of costs in a criminal proceeding, is not administrative in natura and interferas with the sentencing power of the court as it requires the court to certify to the executive branch (Penn Dot) whether 2 the ignition interlock systems have been installed before Penn Dot will reinstate the operating privilege which necessarily requires the court to investigate whether or not the devices have been installed without procedural due process. See Commonwealth v. Mockaitis, 54 D&C 4t~ 155 (Cumb. 2001). (g) The previsions of Act 63 violate due process because Penn Dot has no authority or jurisdiction over vehicles owned by a motodst but not registered and not operated on a public highway. (h) The provisions of Act 63 violate due process because the statute is vague in failing to define ownership and is overbroad because, by its reach, it punishes constitutionally protected activity, i.e. ownership of a non-registered vehicle maintained and/or used solely on private property in violation of Petitioner's rights underArtide, I, §9ofthe Pennsylvania Constitution and the 5~h Amendment of the Unites States Constitution. (i) Penn Dot has waived any perceived authorization to have the ignition interlock requirements and/or extend the license suspension by its failure to file an appeal, within 30 days of notice of the court's failure to impose such requirements on the Petitioner. (j) The application of the statute gives improper retroactive action against the Petitioner effecting substantive rights. (k) The law (Act 63) is inapplicable to the defendant as the previous violation(s) pre-dated the Act and/or would illegally and/or unconstitutionally result in ex post facto violation and/or improper retroactive application of the law. (I) Act 63 is inapplicable to the facts of this case. 5. Petitioner mquasts the court take judicial notice of Senate Bill 849 and all of its prior forms prior to becoming Act 63 of 2000 including the legislative summary obtained from the Pennsylvania State website, www.legis.state.pa.us, in chmnologicel order beginning with the summary and printer numbers 952, 1225, 1814, 1918, 2038, and 2059. WHEREFORE, Petitioner prays that this Court declare that the portion of the Department's notice of August 27, 2003 which reads: '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 ofyour conviction for Driving Underthe Influence. ff 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" be declared illegal, unconstitutional, and stdcken as part of the Department's notice and direct that the Department reinstate the Petitioner's driving privileges after the one (1) year suspension for the conviction for ddving under the influence, subject to the payment of the restoration fee and providing proof of insurance. Dated: Respectfully submitted, Ma~ck, ag er Sprea 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attomey for Petitioner VERIFICATION I hereby verify that the statements made in this document are true and con'ect. I understand that false statements herein are made subject to lhe penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date ~/~~~ 5 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 27, 2005 DAVID L GOOD 2184 RITNER HIGHWAY SHIPPENSBURG PA 17257 WID # 032326117072662 001 PROCESSING DATE 08/20/2003 DRIVER LICENSE # 20491378 DATE OF BIRTH 05/12/1964 LICENSE IN BUREAU Dear MR. GOOD: This is an offlcla[ Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 06/I7/200~ conviction of vioIating Section 5751 of the Vehicle Code DRIVING UNDER INFLUENCE on O1/ll/2OO~: Your driving privilege is SUSPENDED fop a period YEAR(S} effective 08/05/2003 at 12:01 a.m. WARNING: If you are convicted of driving ~hile your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a 1,000 fine AND your driving privilege will be suspended/revoked for a MINIMUM I year period *********************************************************** Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for CONPLYING 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 driving priv- ilege until al2 the requirements are sattsfted. EXHIBIT · 0525261170726G2 PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number Sql, Court Term 2003 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 15q1(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. 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. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege, To PaY your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver"s license number (listed on the first page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application, IGNITION INTERLOCK Before your driving privilege can be restored you are re- quired by law to have all vehicle(s) owned by you to be e~uipped 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 re- ceive more information regarding this requirement approxi- mately 30 days before your eligibility date. PROVIDING PROOF OF INSURANCE Nithin the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance 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. 032526117072662 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 27, 2003, of this letter. Zf yOU flle an appeal in the County Court, the Court will give you a'ttme-stamped Gert/f/ed copy o~ 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, Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 DAVID L. GOOD 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 ~'-/-~day of ~_.~[~, 2003, upon Petition of David L. Good, a hearing is set on the License Suspension Appeal for lhe ~ day of ~ ~~, 2003 at/~ ~-) ~.m, in Courtroom No. ~ , Cumberland 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. BY THE COURT: Distribution: J, PmthonotaP/'s Office ~:~'fflce of Chief Counsel, PA Department of Transportation ~11 ~ ~hn1101S' Front St., Harrisburg, PA 17104-2516B. Mancke, Esquire ~ /-"'~(~o,~/~ 2233 N. Front St., Harrisburg, PA 17110 Oct -o 5 DAVID L. GOOD, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBEKLAND COUNTY, PENNSYLVANIA No. 03-4829 LICENSE :SUSPENSION APPEAL ORDER AND NOW, this ~' '* day of a/a ~*.r ,2003, the appeal filed in the above referenced matter is DENIED in part and REMANDED in part. The petitioner's appeal is DENIED regarding the one year suspension imposed under 75 Pa. C.S. 1532(b) as a consequence of the petitioner's conviction on June 17, 2003, for a violation of 75 Pa.C.S. 3731 (a) on January I 1, 2003. The Department represents that the petitioner is due credit for the one year suspension from August 7, 2003, to September 15, 2003. The petitioner's appeal is REMANDED to the Department and the Department shall CORRECT THE RECORD AND RESCIND THE REQUIREMENT TItAT 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 11, 2003. BY THE COURT / DISTRIBUTION: / ,-George H. Kabusk, Esquire, PennDOT, Riverfront Of, rice Center, 1101 South Front Street, Harrisburg, PA i17104-2516 "rolm B. Mancke, Esquire, 2233 North Front Street, Harrisburg, Pennsylvania 17110