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HomeMy WebLinkAbout03-4899SHANE IVIICHA~L HANSON, Appellant V¸, COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA OF TRANSPORTATION, : APPEAL OF IMPOSITION OF INTERLOCK BUREAU OF DRIVER LICENSING, Appellee : APPEAl, 01~ INTERI ~'~CK IM'PO.~i'riON AND NOW comes the Appellant, Shane Michael Hanson, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant resides at 235 Hershey Road, Halifax, Dauphin County, Pennsylvania 17032. 2. The Appellant received a notice dated October 24, 2002, that as a result of his conviction on February 21, 2002 of Pennsylvania Vehicle Code Section 3731, driving under the influence, his driving privileges were being suspended for a period of one year, effective suspension date September 9, 2002, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." 3. The license suspension notice indicates that the Defendant must have the ignition interlock system installed on his car in order to have his driving privileges restored. 4. The Commonwealth's actions are in violation of Defendant's State and Federal Constitutional Rights, $. The Defendant never received notice from the Sentencing Court that any ignition interlock system would be required to be installed on his car. See Exhibit "B." 6. The Commonwealth's aetions are illegal. See ~qe. hnNderv PennF)ot. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidemiary hearing on the matter. Respectfully ~b~tted, . /~ Patrick F. Lfiuer, Jr., E~tuire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building ~t//~/~ Camp Hill, Pennsylvania 17011-4706 Date: ] ID# 46430 Tel. (717) 763-1800 SHANE MICHAF. I. HANSON, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENN SYLVANIA DEPARTMENT : OF TRANSPORTATION, : APPEAL OF IMPOSITION OF INTERLOCK BUREAU OF DRIVER LICENSING, Appellee : ~ TTORNI~.¥ Vl~.lt I I~'/c A TION I, Pa~ck F. ~, Jr., E~e, ~d~si~ ~1 for ~peR~, S~e ~c~l ~ h~eby v~es ~d ~tes ~t: 1. I ~ ~e aUom~ for ~t; 2. I ~ au~o~ to ~e ~s v~fion on my c~t's ~ 3. ~e ~s ~t fo~ ~ ~e for~o~g ~p~ ~e ~o~ to me ~d not n~y to ~ c~; 4, ~e ~s ~ fo~ ~ ~e forego~ App~ ~e ~e ~d ~ to ~e be~ of ~ ~owl~ge, ~o~on ~ ~ ~d 5. I ~ aw~e t~t ~ s~t~ts h~ ~e ~de ~bj~ to ~e pe~fi~ of 18 Pa. C.S. 49~, rela~g to ~om ~s~fion to Resp~y ~b~a~ Law ~s ofPa~ck F. ~, Ir., ~C 2108 ~k~ S~, ~ B~g C~p ~ P~lv~a 17011~?~ ~ 4~30 TeL (?l?) 763-1800 SHANE MICHAEL HANSON, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT : OF TRANSPORTATION, : APPEAL OF IMPOSITION OF INTERLOCK BUREAU OF DRIVER LICENSING, Appellee : (']~,ll'i'l IqCATI~, 01. ,qllr. RVI(~'~, I hereby certif~ that I am this day serving a copy af the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp I-rill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Depamnent of Transportation Office of Chiet'Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Date: Respectfully submitted, Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp I-rail, Pennsylvania 170114706 IDg 46430 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 2~, 2002 SHANE MICHAEL HANSON 106 S WEST ST CARLISLE PA 17013 WID ~ 022906117812681 001 PROCESSING DATE 10/17/2002 DRIVER LICENSE ~ 23429079 DATE OF BIRTH 05/18/1965 LICENSE IN BUREAU Dear MR. HANSON: This is an Of~tctal Notice of the Suspension of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your 09/09/2002 conviction of violating Section $75[ of the Vehicle Code DRIVING UNDER INFLUENCE on 02/21/2002: Your driving privilege is SUSPENDED for a period of Z YEAR(S) effective 09/09/~002 at l~:OI a.~. 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 fine AND your driving privilege will be suspended/revoked for a MINIMUM I year ~eriod Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YoU should fOllON ALL ~nstruct~ons very carefully. Even if you have served all the time on the suspension/revocation, Ne cannot restore your driving privilege untll all the requirements are satisfied. 022906117812681 PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 1517, Court Term 2002 has sentenced you to serve a prison term for this violation. Pursuant to Section 15ql(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/er the Court after yeur release to make sure that PennDOT is properly not/f/ed. COURT ORDER TREATMENT PROGRAM (ACT 122) Pursuant to Section 15q8(d) of the Vehicle Code, the Court of CUMBERLAND CTY , Court Number 1517, Court Term 2002 has ordered You to attend a treatment program for alcohol or drug addiction. As a result of the court order, this suspension/revocation shall remain in effect until the Department is notified by the above Court that you have successfully completed treatment and you are otherwise eligible for restoration of your driving privilege. 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 required by law to have ali vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction far 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. 022906117812681 PROVIDING PROOF OF INSURANCE Nithin the last $0 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 wll! be needed if you do not own a vehicle registered in Pennsylvania. Important: 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 $0 days of the mail date, OCTOBER 2q, 2002, of this letter. 1~ you ~lle an appeal in the county cou~t, the Court wlll glve you a ~tme-stamped cePtt~led 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 OFFICIAL NOTICE OF SUSPENSION. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORHATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-952-q600 TDD IN STATE OUT-OF-STATE 717-591-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-591-6191 COM~ONWEALTH : IN TME COURT ©F COM ! : CUMBERLAND COUNTY, ~. ~ 02-!3t7 CRIMINAL : C~RGE: (3) DUI S~E MICHEL ~SON : OTN: Lt14527-0 : AFF I~T: PTL. TROY %ON PLEAS OF ~EN-NS YLVTLN I A IN RE: SENTENCING ORDER QP ~Oi.~T 7~D NOW, this 8ui% day of October 2002, Defendant, Shane Michael Hanson, having appeared for sentence with private counsel, Marlin Markley, Es~nire, and ~he Court b~ing in receipt o£ a DUI report, ~he sentence or the Court is 5hat the De~endant pay the costs of prosecution, plus a fine $~10.00, whLch includes a S10.00 EMS Services fe~, plus a $100.00 CAT Fund surcharge, and that he undergo~ ~mprisonmen~ in the Cumberland County Prison for not ].ess than 3~ days nor more than 23 months. The Defendant is directed to present himself at lhe Cumberland County Prison by t:00 p.m. on Fri(ay, October 2002, for commencement ,pr sentence. If he is not a discipline problem at ~he prison, he shall be paroled at th~ expiration of his m;nimum sentence WithOUt ~urther Order o~ Co, rt. Said parole to be wi~h supervision and to have a spectfic condition that he ]~ot drink a~ alcoholic beverages. Prior to obtainin~ his Pennsylvaria operating privil~es, he must pay al! court-imposed fin~s end costs and he must pay for and successfully complete an alcohol treatment program. Work releaseBy ~~" Edwar~ E. Guido, J. SEP 1 8 2003 SHANE MICHAF. I, HANSON, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMB1;RLAND COUNTY, PENNSYLVANIA : : 4o.: c)3- 4t? COMMONWEALTH OF PENNSYLVANIA,: PENN SYLVANIA DEPARTMENT : OF TRANSPORTATION, BUREAU OF DRIVER LICENSINO, Appellee : : APPEAL OF IMPOSITION OF INTERLOCK upon the within APPEAL OF nvmosmoN OF INTERLOCK, it is hereby ordered that a hearing shall be hdd regarding this matter at on the ,~a~ day ofa~a~~- 2003 at ~0: ~Oa.~, in Courtroom No. '~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas of the imposition of the interlock is granted pursuant to Vehicle Code Section 1550Co)(1 ) until such time that this honorable court resolves this appeal. Distribution: -PA Dept. of Transportation, Office of Chief Counse]~ Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -PatrickF. Lauer, Jr., Esq., 2108 Market Street, Camp Hll[, PA 17011 ~ /n*~-~Q~f/'~'' SHANE MICHAEL HANSON, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4899 LICENSE SUSPENSION APPEAL ORDER AND NOW, this I 0k ~ day of ~ ~ ,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 September 9, 2002, for a violation of 75 Pa. C.S. § 3731 on February 21, 2002. The Department represents that the petitioner is due credit for the one year suspension from November 10, 2002, to October 8, 2003. The petitioner's appeal 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 21, 2002. DISTRIBUTION: ,~George H. Kabusk, Esquire, PennDOT, Riverfi'ont Office Center, 1101 South Front Street, Harrisburg, Pefinsylvania 17104-2516 t/l~atrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, Pennsylvania 17011 ' . OFFICE O[ CHIEf COUNSEL - VeNide & Traffic Law Division Rive~ront Office Center I101 South Front Street Harrisburg PA 17104-2516 November 3, 2003 The Honorable Edward Guido The Court of Common Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, Permsylvania 17013 Re: Shane Michael }lanson v. Cmwlth. of Pennsylvania., Dept. of Trans., Court of Common Pleas of Cumberland County, 03-4899, License Suspension Appeal Dear Judge Guido: The above-referenced matter is scheduled for hearing on November 24, 2003, at 10:00 a.m. This is an appeal of the imposition of the ignition interlock which the Department imposed without a court order. The petitioner challenged the authority of the Department of Transportation to require the installation of an ignition interlock system in the absence of a court order directing such installation. See 42 Pa. C.S. §§ 7001-7003. Additionally, the appeal acted as a supersedeas of the one year suspension imposed pursuant to Section 1532(b) of the Vehicle Code as a result of the petitioner's conviction of Section 3731 of the Vehicle Code. The petitioner was restored pending appeal pursuant.to Section 1550 of the Vehicle Code. The petitioner is not contesting the one year suspension pursuant to Section 1532(b) of the Vehicle Code. Based on the provisions of the recently-enacted law addressing driving under the influence and ignition interlock, the Department adopted a policy in which it revised its position with respect to the imposition of the ignition interlock system and agreed to remove the ignition interlock requirement in those cases where it had not been ordered by the court. Since that policy was adopted the Supreme Court issued Commonwealth of Pennsylvania v. Mockaitis, _ A.2d (Pa. 2003), posted on October 17, 2003, which upholds several of the Depmlment's positions regarding the issues concerning the ignition interlock. I made representations of the · ~ aforementioned policy to Attorney Lauer regarding th application of this policy to this case which had been filed prior to Mockaitis and I feel ethically bound to follow through with my representations. GOVERNOR'S OFFICE OF G[NERAL COUNSEL TELEPHONE: 717.787.2830 FAX: 717.705.1122 www.dot.state.pa.us Please find enclosed a proposed Order for the above-mentioned matter. The proposed Order denies the appeal in part and remands in part. The proposed Order denies the appeal of the one year suspension pursuant to Section 1532(b) of the Vehicle Code as a result of the petitioner's conviction of Section 3731 of the Vehicle Code. The proposed Order remands the appeal in part to the Department to update its records and remove the ignition interlock requirement which was imposed by the Department without a court order. Additionally, the Department represents that the petitioner is due credit from November 10, 2002, to October 8, 2003, for the one year suspension. That representation is included in the proposed Order. I spoke to Mr. Lauer, attorney for the petitioner, and he concurs with such a disposition and the proposed order. Very truly yours, Cc~ Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, Pennsylvania, 17011 Enclosure