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Home My WebLink About03-5185William R, Marsh, : Appellant : : V. -' : Commonwealth of PA, : Depattment of Transportation, : Bureau of Driver Licensing, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: O~ -gi~O~ Civil Term PET1TION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REOUIREMENTS 1. Appellant herein is William Russel Marsh, residing at and having a mailing address of: 320 Oxford Road, Gardners, PA 17324, 2. Appellee herein is the Departmem of Transportation of the Commonwealth of Pennsylvania (PennDOT), having a mailing address of: Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Cemer, Harrisburg, Pennsylvania 17104-2516. 3. This Honorable Court convicted appellant on one count of violating 75 Pa.C.S. §3731(a), Driving Under the Influence. 4. The Honorable Court's sentence for this violation did not include a requimmem to install ignition interlock devices on vehicles owned by Appellant. 5. PennDOT suspended Appellant's driving privileges for a period of 1 year pursuant to 75 Pa.C.S. §1532(b) for the DUI conviction. 6. Appellant's initial one year suspension began on August 6, 2002, and was set to end on September 6, 2003. 7. PennDOT sent appellant a Restoration Requirements Letter dated September 2, 2003, whereby PennDOT informed Appellant that they will prolong appellant's suspension one additional year if he does not install an ignition interlock device on every vehicle he owns. If Appellant does not comply, PennDOT will not restore Appellant's driving privileges upon completion of the initial one-year suspension. 8. A copy of the letter PennDOT sent to appellant and dated September 2, 2003, is attached hereto and marked as Exhibit "A". 9. PennDOT did not restore appellant's driving privileges when the initial suspension ended on September 6, 2003. 10. Appellant appeals 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 his driving privileges. 11. On January 11, 2002, the Commonwealth Court of Pennsylvania held that "the trial court has jurisdiction over driver license suspension appeals and.., the plain 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). 12. 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 Ixial court. For this reason, appeals from PennIX)T's unilateral ordering of ignition interlock devices cannot be quashed as untimely. Heberlig v. Commonwealth, .......... Cumberland L.,l. . (December 19, 2002). 13. On December 30, 2002, the Commonwealth Court issued an opinion similar to Judge Bayley's in Heberlig. Watterson v. Department of Transportation, Bureau of Licensing, __ A.2d __ (Pa. Cmwlth. No. 1055 C.D. 2002). The Commonwealth Court held that PennDOT cannot quash as untimely an appeal challenging its unilateral imposition of ignition interlock devices because such a requirement by PennDOT is void ab imtio. 14. Following the holdings and reasomng of Schneider, Heberlig, and Watterson, 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, PennDOT restore Appellant's driving privileges supersedeas pursuant to 75 Pa.C.S. §1550(b) pending said hearing, and PeunDOT's imposition of ignition interlock devices on Appellant's vehicles be set aside. THE LAW OFFICIOS OF'"?'~UL I~RA~[ B Paul Bradford Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 ORR William R. Marsh, Appellant Commonwealth of PA, Departmem of Transportation, Bureau of Driver Licensing, Appellee 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a tree copy of a Petition for Appeal from Imposition of Ignition Interlock Requirements by the Departmem to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Pennsylvania Departmem of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 BY "~~9B~ ~ Paul ~u~d Orr, Esquire Attorney for Appellant 50 East High Slxeet Carlisle, PA 17013 (717) 258-8558 VERIFICATION I verify that I am the defendant and that the statements made in the foregoing Answer to Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unswom falsification to authorities. DATE: William Marsh COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 09/02/03 WILLIAM RUSSEL MARSH 320 OXFORD RD GARDNERS PA 17324 DRIVER'S LICENSE NUMBER: BIRTH DATE: ELIGIBILITY DATE: 19971517 07/20/63 09/06/03 Dear MR. MARSH : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE 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. PROOF OF INSURANCE ~Within 30 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 Pennsylvania, 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. EXH m'r LICENSE-NO. -: 19971517 PAGE 2 COURT ORDERED TREATMENT PROGRAM (ACT 122) -You must successfully complete the treatment program for alcohol or drug addiction ordered by the Court of CUMBERLAND CTY, Court Number 492, Court Term 2002. The Court must certify to PENNDOT that you completed the treatment program. PENNDOT recommends that you CONTACT YOUR PROBATION OFFICER and/or the Court to ensure that PENNDOT is properly notified. TERM SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or will begin) on 08/06/02. Credit for serving this suspension/revoca- tion began (or will begin) on 08/06/02 and will end on 09/06/03. The suspension/revocation resulted from a violation on 01/12/02 of Section 3731, DRIVING UNDER INFLUENCE IGNITION INTERLOCK You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 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 - 1-800-452-1739 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. 1-866-342-4984 -Pennsylvania Interlock - 1-866-718-8606 -Draeger Interlock, Inc. -1-800-332-6858 -American Interlock Services -1-877-273-2841 You will need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 492 2002 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 apDlication is enclosed for your convenience. LICENSE'NO..: 19971517 PAGE 3 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 MAILING 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. REMEMBER, your ELIGIBILITY DATE is 09/06/03. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM to 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 LICENSE ~O. ~ 19971517 PAGE 4 IGNTION INTERLOCK LICENSE APPLICATION TO apply for an Ignition Interlock License, please sign below and submit this page with a check or money order in the amount of $66.00 to the mailing address listed at the bottom of this letter. Your check or money order should be made payable to PENNDOT. DRIVER'S LICENSE NUMBER - 19971517 WILLIA~ RUSSEL MARSH 320 OXFORD RD GARDNERS PA 17324 SIGNATURE TELEPHONE NO: If your address has changed, please print the correct address here: If you choose not to install an Ignition Interlock System, you do not have to apply for an Ignition Interlock License. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 William R. Marsh, Appellant V. Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: ~ -.5'/~,~ Civil Term ORDER AND NOW, this o~,n~ .'day of t~,:~-. ,2003, upon consideration of Appellant's appeal, a heating shall be held on the /~.~TN$ day of~, 2003, at //ldO o'clock /~ M in Courtroom Number 1~ , Cumberland County Courthouse, Carlisle, Pennsylvania. AND NOW, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to 75 Pa.C.S. §1550{b) pending said hearing. Distribution: aul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 BY THE COURT: ~ennsylvania Depashilent of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 WILLIAM R. MARSH, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5185 LICENSE SUSPENSION APPEAL ORDER AND NOW, this tff" day of ~ e.~,,~.n-~ ,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 July 2, 2002, for a violation of 75 Pa. C.S. § 3731 (a) on January l 2, 2002. 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 thc Depa~uuent 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 12, 2002. BY THE COURT DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfi-ont O ,1101 South Front Street, Harrisburg, PA 17104-2516 Paul B. Orr, Esquire, 50 East High Street, Carlisle, Pennsylvania, 17013