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Home My WebLink About03-5119DEBORAH LYNN SMITH, Appellant Vo COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REOUIREMENTS 1. Appellant herein is Deborah Lynn Smith, residing at and having a mailing address of 15 East Marble Street, Mechanicsburg, PA 17055. 2. Appellee herein is the Department of Transportation of the Commonwealth (PennDOT), having a mailing address of: Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516. 3. This Honorable Court convicted Appellant on one count of violating 75 Pa.C.S. § 3731(a), Driving Under the Influence on June 3, 2003. 4. This Honorable Court's sentence for this violation did not include a requirement to install ignition interlock devices on vehicles owned by Appellant. 5. Due to Appellant's DUI conviction, PennDOT suspended Appellant's driving privileges for a period of one (1) year pursuant to 75 Pa.C.S. § 1532(b) for the DUI conviction. 6. Appellant's one (1) year suspension pursuant to 75 Pa.C.S. § 1532(b) became effective on August 5, 2003 and will end on August 5, 2004. 7. PennDOT sent Appellant a Restoration Requirements Letter dated August 27, 2003, whereby PennDOT intbrmed Appellant that her suspension will continue for one additional year if she does not install an ignition interlock device on every vehicle she owns. If Appellant does not comply, PennDOT will not restore Appellant's driving privileges on August 5, 2004, and Appellant will serve another one-year suspension for not installing an ignition (A copy of the letter is attached hereto and marked as Appellant's Exhibit interlock device. 8. Appellant appeals only the ignition interlock requirement that PennDOT imposed unilaterally without an order to do so from this Honorable Court. Appellant complied, or will comply, with all other requirements imposed by this Court in order to restore her driving privilege. 9. 2004. 10. Appellant does not contend the suspension from August 5, 2003 to August 5, On January 11, 2002, the Commonwealth Court of Perms~vania held that "the trial curt has jurisdiction over driver license suspension appeals and ... the plhin language of the Act does not permit PennDOT to have independent authority to impose installation of an ignition interlock device". Schneider v. Commonwealth. 790 A.2d 363 (Pa. Cmwlth. 2002). 11, On December 19, 2002, The Honorable Edgar B. Bayley issued an opinion stating that PennDOT's actions are null and void when it orders the imposition of an ignition interlock device in the absence of an order to do so by a trial court 12. Appellant asserts that PennDOT's imposition of ignition interlock devices is unlawful in that it was done unilaterally without legal authority because this Honorable Court did not include such a requirement as part of Appellant's original sentence. WHEREFORE, Appellant respectfully requests this matter be set down for a hearing so that this Honorable Court can set aside Appellee's unilateral imposition of ignition interlock devices on Appellant's vehicles. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 DEBORAH LYNN SMITH, Appellant COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Civil Term ATTORNEY'S VERIFICATION The undersigned, R. Mark Thomas, Esquire, hereby verifies and states that: 1. He is the attorney for Appellant; 2. He is authorized to make this verification on Appellant's 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; and 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: R. Mark Thomas, Esquire Attorney for Appellant ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 DEBORAH LYNN SMITH, Appellant COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil Term CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail, Certified Mail, Return Receipt Requested at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 R. Mark Thomas, Esquire Attorney for Appellant. 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 27, 2005 DEBORAH LYNN SMITH 15 EAST MARBLE STREET MECHANICSBURG PA 17055 WID # 032326117072650 001 PROCESSING DATE 08/20/2003 DRIVER LICENSE ~ 22120725 DATE OF BIRTH 05/01/1959 LICENSE IN BUREAU Dear MS. SMITH: This is an Offtclal Notlce of the Suspension of your Driving Privilege as authorized by Section [552B of the Pennsylvania Vehicle Code. As a result of your 06/05/2005 conviction of violating Section 575! of the Vehicle Code DRIVING UNDER INFLUENCE on 02/26/2005: Your driving privilege is SUSPENDED fop a YEAR(S) effective 08/05/2003 at 12:01 a.m. WARNING: If you are convicted of driving while your I license is suspended/revoked the penalties will be a I MINIMUM of 90 days imprisonment AND a 1,000 fine AND I your driving privilege w/ii be suspended/revoked for I a MINIMUM 1 year period I 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 follow ALL tnatPuctlons vePy caPefully. Even if you have sePved all the ttme on the suaPenston/~evocatlon, we cannot ~esto~e you~ dPtving ~tv- tlege unt/1 all the requt~ements ape satisfied. Appellant's Exhibit "A" 052326117072650 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 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. /mpcPtant: 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, AUGUST 27, 2003, of this letter, Zf you file an appeal tn the County Court, the Court 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 appea! by certified mail Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710~-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON, Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing INFORNATION 7:00 a.m. to 9=00 p.m. IN STATE 1-800-932-fi600 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 032326117072650 PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 632, Court Term 2005 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 1541(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. COURT ORDER TREATMENT PROGRAM (ACT 122) Pursuant to Section 1548(d) of the Vehicle Coder the Court of CUMBERLAND CTY , Court Number 652~ Court Term 2005 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 De- partment is notified by the above Court that you have suc- cessfully 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 driverts 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 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 re- ceive more information regarding this requirement approxi- mately 30 days before your eligibility date. DEBORAH LYNN SMITH, Appellant COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA AND consideration ~_~~, 2003, at /0 I~1~ o'clock_/:~ .M. in Courtroom Number Cumberland County Com'thouse, Carlisle, Pennsylvania. ORDER NOW, this ~ day of ~'__~ , 2003, upon of Appellant's appeal, a hearing shall be held on the /o-'~ day of of the R. Mark Thomas, Esqt 'e I 01 S. Market Street Mecbanicsburg, PA 17055 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 BY THE COURT, /o - 3' - 0.3 PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRWER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5119 LICENSE SUSPENSION APPEAL ORDER AND NOW, this /.5'-" day of ~2)eo.._,,~~ ,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 3, 2003, for a violation of 75 Pa. C.S. § 3731 (a) on February 26, 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 thc Vehicle Code, violation date June 3, 2003. BY THE COURT DISTRIBUTION: c~e Cent /~' ~~- J' George H. Kabusk, Esquire, PennDOT, Riverfront er-3 Floor, 1 ?1 South Front Street, Harrisburg, Pennsylvania 17104-2516 ~" /~ /3 ~/~. 03 R. Mark Thomas, Esquire, 101 South Market Street, Mechanicsbfirg, Permsylvania17055 ~