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Home My WebLink About03-4850LAWRENCE C. HANKINS,III COMMONWEALTH of PENNSYLVANIA, DEPARTMENT of TRANSPORTATION IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. LICENSE SUSPENSION APPEAL Petition Nunc Pro Tunc of Appeal for License Suspension (Mandatory Installation of Ignition Interlock) AND NOW, this/a-flay of September, 2003 comes LAWRENCE C. HANKINS, III, by and through her attorney, John M. Glace, Esquire, and respectfully petitions this Honorable Court Nunc Pro Tunc to strike his license suspension as it relates to the mandatory installation and implementation of a Ignition Interlock Device after the conclusion of her period of license suspension and, in support thereof, presents the following: 1. Petitioner is an adult individual residing at 13 East Portland Street, Mechanicsburg ( Cumberland County) Pennsylvania and said address is the designated address on his Pennsylvania Operator's License (15713133). 2. On February 13, 2001, Petitioner pled guilty to thc Honorable Todd A. Hoover of the Court of Common Pleas of Danphin County (3112 CD 2001) and said imposed a sentence of twenty-four months of int¢,mediatc punishment, the first three (3) months to be restricted and served at Dauphin County Work Release Center. Judge Hoover also fmed Petitioner $1,000.00 plus costs of court and required him to complete forty (40) hours of community service. 3. On March 6, 2003, after his parole ~om the above described incarceration, Petitioner was mailed an Official Notice of Suspension, attached hereto as Exhibit "A' and made part hereof. 4. Pursuant to said Notice, prlor to restoration of his operator's license, Petitioner was required to have an ignition Interlock Device installed in all his vehicles. 5. Judge Hoover's's Sentencing Order did not impose such further condition. 6. Imposition of such further punitive condition without specific Order of Court, pursuant to Waterson v. PennDOT, 816 A2d 1225 ( 2003 Pa Cmlth ), is improper, unlawful, prejudicial to above Petitioner 7. Petitioner is otherwise eligible to have his operator's license restored as of May 20, 2003. 8. Petitioner does not own an operable motor vehicle but only two inoperable vehicles with expired regisWations. During the course of his employment, Petitioner is often called upon to operate a motor vehicle on roadways of the Commonwealth; thereby incurring great detriment as to the continuing suspensions of his operator's license. 9. Because the above cit~l appellate court holding bars the mandatory installation of an ignition interlock device and Respondent continues to require that device's installation, the grant ofa Nunc Pro Tunc appeal prevents the confmuing manifest injustice of Respondent's position without due process of law as provided by the federal and state constimtious. ffq-IEREFORE Petitioner LAWRENCE C. HANKINS, III respectfully prays this Honorable Court issue a Supercedeas as to mandatory installation of an Ignition Interlock Device at the conclusion of his suspension of his Operator's License and to order an hearing to determine whether such mandatory installation is improper and unlawful. Additionally Petitioner prays this Honorable Court to permit this appeal to proceed Nunc Pro Tunc. Respectfully submitted The Law Offices of John M. Glace John~e, Esquire Telephone: (717) 238-5515 Telefax: (717) 238-6929 Supreme Ct. ID: 23933 Counsel for Petitioner Exhibit "A" CONNONWEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau of Driver Licensing Nail Date: NARCH IS, 2002 LAMREN£E C HANKIN~ II! 13 EAST PORTLAN~ ST flECHANICSBURG PA 17055 PROCESSING ~ATE g3/O~/2Og2 )RIVER LICENSE t ~57~3~33 lATE Of BIRTH ~I/lq/lq5~ LICENSE [H~uREAu ~- Dear NR. HANKZNS: This is an Of~tclal Notlca of the Suspension of your Driving Privilege as author/zed by Sectton ZS$2B of the Pennsylvania Vehicle Code. As a result of your 02/13/2002 conviction of violating Section $751 of the Vehicle Code DRIVING UNDER ~NFLUENCE on 07/19/2001: Your driving privilege is SUSPENDED fop e period cf 1 YEAR(S) effective 02/13/2002 at 12:01 a.m. NARNZNG: Zf you are convicted of driving while your license is suspended/revoked the penalties ~lll be a NINZNUN of 90 days imprisonment AND a l,OOO fine AND your driving privilege ~iZ1 be suspended/revoked for a #ZNZNUH I year period Before PennDOT can restore your driving privilege, you must faZlo~ the instructions in this /etter for CONPLYZN6 HZTH TH~S SUSPENSION, PAYING THE RESTORATION FEE and PROViDiNG PROOF OF ~NSURANCE. YOU ahould follOI~ALL tnetpuctlcna vepy carefully. Even tf you have served all the time on the euepenelon/Pevoeatlon, ~e cannot PeBtoPa youp delvtng privilege untll ell the pequA~emente ope eetlsfledo 020&56114454057 PRISON RELEASE REQUZRENENT (ACT151) The Court of DAUPHZN COUNTY, Court Number 3112, Court Term 2001 has sentenced you to serve a prison term for th/s v/olation. Pursuant to Sect/on 1541(a.1) of the Vehicle Code, you will not receive credit for this suspens/on/revocation or any addit/ona! suspension/revocation untl! you complete your prison term. The Court must certify your comp/et/on to PennDOTo You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is Properly not/f~ed. PAYZNG 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 follow/ng stepsz 1. Return the enclosed Application for Restorat/on. The amount due is 1/sted on the applicat/on. 2. Hr/re your driver's license number (listed on the first page) on the check or money order tD ensure proper cred/t. $. FolLow the payment and ma/1/ng instruct/ohS on the back of the appLicat/on. IGNITION INTERLOCK Before your driving priv/Lege can be restored you are requ/red by Law to have aL/ vehicLe(s) owned by you to be equ/pped with an Ignition Interlock SYstem. This is a result of your conviction for Driv/ng Under the Influence. Zf you fail to comply with this requirement, your dray/rig priv/lege will remain suspended for an addit/onal year. You w/LL approximately ~O-days b~ere your eligibil/ty date. PROVIDZNG PROOF OF ZNSURANCE Hith/n the last 30 days of your suspension/revocation, we w/L1 send you a Letter ask/rig that you provide proof of insurance at that time. This letter wtl! llst acceptable documents and what will be needed if you do not own a veh/cLe reg/stered in Pennsylvania. Zeportant: PLease make sure that PennDOT /s notified if You move from Your current address. You may notify PennDOT of your address change by caLLing any of the phone numbers 1/sted at the end of this letter. APPEAL You have the right to eppea! this action to the Court of Common PZeas (Civi! Division) w~th~n $0 days of the date, HARCH 13, 2002, of th~s letter. Z~yOU ~$1e an appeal Sn the County Court, the Court wSZ1 give you a be valSd, you must send th~s t~me-stamped cert~f2ed cop~ of the appeal by certified mail tot Penns¥1vanSa Department of Off~co of Chief Counse~ Th$rd F~uor, R~verfront 0ff~ce Center Harrisburg, PA Remember, this ~s an OFFZCZAL NO?ZCE OF SUSPENSZON. S~ncere~v, Rebecca L. B~ckle¥, Director Bureau of DrSver Licensing ~HFORHATIOH 7:00 a.m. to 9:00 p.m. IH STATE 1-800-952-~&00 TDD ~# STATE OUT-OF-STATE 717-$91-&190 TDD OUT-OF-STATE HEB S~TE ADDRESS w~.dot.state,pa.us 1-800-228-0676 717-391-6191 VERIFICATION I verify that the statements made in the foregoing Appeal of Operator's License Suspension are true and correct to the best of my understanding and belie£ I underst~na that ~al.~e statements herein are made subject to the penalties provided by lg Pa. CSA, Section 4904, relating to unswom fiflsification to authorities. Date: September 12, 2003 CERTIFICATE OF SERVICE I HEREBY CERTIFY that this 15th day of September, 2003 1 have served a Irue and correct copy of the foregoing Petition of Appeal for License Suspension (Ignition interlock), by first class mail, postage pre-paid, upon: Office of Chief Counsel Pennsylvania Department of Transportation (Motor Vehicles) 3rd floor Riverfront Office Center 1101 South front Street Harrisburg, PA 17101 LAW OFFICES of JOHN M. GLACE Jc Esquire Ha~ :-l~3~tWalnut Street Murl~, PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Defendant/Petitioner LAWRENCE C. HANKINS, IH Ve COMMONV~EALTH of PENNSYLVANIA, DEPARTMENT of TRANSPORTATION IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVanIA LICENSE SUSPENSION APPEAL (Ignition Interlock) Order AND NOW, this I ~'~ day of September 2003, upon due consideration of the herein Pctiti_ons~.~nc Pro Tunc, it is llere_by ORDERED and DECREED that a be.ar~g be _h,eldon~e~_~dayof~003 inCourtroora .~ o cloc~M.at Cumberland County Courthouse, One Courthouse Square, PA and that, pursuant to 75 Pa. CSA, Section 1550(b), a Supercedeas be issued relative to the mandated installation of an Ignition Interlock device at the conclusion of Petitioner's term of Operator License suspension. Notice of said hearing shall be provided by the Petitioner's attorney to the Department of Transportation at least thirty (30) days prior to the date of the hearing. ,J LAWRENCE C. HANKINS, III, PETITIONER Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4850 LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~ ay of~l~~ ,2003 the appeal filed in the above referenced matter 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 July 19, 2001. DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfront Office Center, 1101 South Front Street, J' Harrisburg, Pennsylvania 17104-2516 John M. Glace, Esquire, 132-134 Walnut Street, Harrisburg, Pennsylvania 17101-1612 ~ ~