HomeMy WebLinkAbout03-5964
Timothy A. Becraft,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
No.: DJ -5'1'-,/ Civil Term
Commonwealth of P A,
Department of Transportation,
Bureau of Driver Licensing,
Appellee
PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK
REQUIREMENTS
1. Appellant herein is Timothy A. Becraft, residing at and having a mailing address of: 1550
Holly Pike South, Carlisle, PA 17013.
2. Appellee herein is the Department 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 Center, 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 requirement 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 DUl conviction.
6. Appellant's initial one-year suspension began on October 29,2002, and ended on,
October 31, 2003.
7. PennDOT sent appellant a Restoration Requirements Letter dated October 1,2003,
whereby PennDOT informed Appellant that they will prolong appellant's suspension one
additional year ifhe 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 on October
31,2003, when the initial one year suspension is completed and will suspend Appellant's driving
privileges for another additional year ending on October 31, 2004.
8. A copy ofthe letter PennDOT sent to appellant and dated October 1,2003 is attached
hereto and marked as Exhibit "A".
9. 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.
10. 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 PeunDOT 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. For this reason, appeals from
PennDOT's unilateral ordering of ignition interlock devices cannot be quashed as untimely.
Heberlig v. Commonwealth, Cumberland L.J. (December 19, 2002).
- -
12. 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 initio.
13. On October 16,2003, the Supreme Court held unconstitutional certain provisions of Act
63 of 2000, pertaining to the ordering of ignition interlock devices by a trial court to repeat DUI
offenders. Commonwealth v. Mockaitis, No. 32 MAP 2001.
14. Mockaitis does not overrule the previous Commonwealth Court decisions that state that
PennDOT does not have an independent mandate to require the installation of ignition interlock
devices absent an order from the Common Pleas Court to do so. Mockaitis, No. 32 MAP 2001,
Footnote #3.
15. Following the holdings and reasoning of Schneider, Heberlig, Watterson, and Mockaitis
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 PennDOT's imposition of ignition interlock devices on Appellant's
vehicles be set aside.
Respec u
ORR
Date: \ II \ ~ (0 ~
B'
Pau Bradford Orr, E
Attorney for Appellant
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Timothy A. Becraft,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
No.:
Civil Term
Commonwealth of P A,
Department of Transportation,
Bureau of Driver Licensing,
Appellee
CERTIFICATE OF SERVICE
I hereby certifY that on this date, I mailed a true copy of a Petition for Appeal from
Imposition ofIgnition Interlock Requirements by the Department to the following person at the
following address by U.S. First Class Mail, postage prepaid:
I
Date: \1 ~)03
.
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
_;'jA 17104-251'
By: _
/W)
Paul Bradfor , Esqu e
Attorney for Appellant
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Timothy A. Becraft,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
No.:
Civil Term
Commonwealth of P A,
Department of Transportation,
Bureau of Driver Licensing,
Appellee
ATTORNEY VERIFICATION
The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that:
I. 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.
94904, relating to unsworn falsification to authorities.
Respectfully submitted,
Date: \ I l~t D3
T'lliLAW~~FPAU~
By: ~
Paul Bradfor , Esquire
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Attorney for Appellant
Supreme Court ID# 71786
ORR
Oct 17 03 10:05a
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DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
HARRISBURG, PA 17123
10/01/03
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TIMOTHY A BECRAFT
1550 HOLLY PIKE SOUTH
DRIVER'S LICENSE NUMBER:
BIRTH DATE:
ELIGIBILITY DATE:
20351098
01/29/64
10/31/03
o
CARLISLE
PA 17013
Dear MR. BECRAFT:
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 3D 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.
TERM SUSPENSION/REVOCATION
-You have a I YEAR(S) suspension/revocation that began (or
will begin) on 10/29/02. Credit for serVing this suspension/revoca-
tion began (or will begin) on 10/29/02 and will end on 10/31/03.
The suspension/revocation resulted from a violation on 01/26/02
of Section 3731, DRIVING UNDER INFLUENCE
1
EXHIBIT
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Oct 17 03 10:0Sa
p.2
LI CENSE NO.
20351098
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 fallowing court information
before the System can be installed.
COUNTY
CUMBERLAND CTY
COURT NUMBER
01'318
COURT TERM
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 aPDly for
an Ignition Interlock license. An Ignition Interlock license entitles
you to drive only vehicles equiDPed with an Ignition Interlock System.
You may make application 30 days BEFORE your eligibility date.
An application is enclosed for your convenience.
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 10/31/03.
2
Oct 17 03 to:06a
LICENSE NO.
20351098
MAILING ADDRESS:
PENNDOT
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg. PA 17106-8693
INFORMATION (7:00
IN STATE
OUT-OF-STATE
TDD IN STATE
TOO OUT-OF-STATE
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AM to 9:00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
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IN THE COURT Or COMMON PLEAS
OF CUMBERLAND COUNTY
No.: D3 -s=tt.~r Civil Term
Timothy A. Becraft,
Appellant
Commonwealth ofPA,
Department of Transportation,
Bureau of Driver Licensing,
Appellee
ORDER
AND NOW, this /1 t.iay of /tIL)V. 2003, upon consideration of Appellant's
appeal, a hearing shall be held on the~""" day of }:f. i. , 20fat 9:j()0'clock
A M in Courtroom Number~, 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.
BY. T. J;lE"C6URT:}- :
~~
J.
vPaul Bradford Orr, Esquire
Law Offices of Paul Bradford Orr
50 East High Street
Carlisle, P A 17013
'7
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.,.1'ennsylvania Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
Harrisburg, P A 17104-2516
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TIMOTHY A. BECRAFT,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
NO. 03-5964 CIVIL TERM
ORDER OF COURT
AND NOW, this 2nd day of February, 2004, at the
request of the Appellant, and without objection from the
Department, he is granted permission to amend his petition to
preserve the issues raised in Alexander v. Commonwealth which is
currently on appeal.
By agreement of the parties, this matter is
continued generally to be re-listed by either party after a
decision in the aforementioned case of Alexander v. Commonwealth.
By the Court,
Edward E. Guido, J.
~aul B. Orr, Esquire
For the Appellant
IGeorge Kabusk, Esquire
For the Appellee
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Timothy A. Becraft
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
No.: 03-5964
Civil Tcrm
Commonwealth of I' A.
Dcpartmcnt of Transportation.
Bureau of Driver Liccnsing.
Appellee
MOTION TO WITHDRAW PREVIOUSLY FILED APPEAL
I. Appellant hcrein is Timothy A. Becrati. having a mailing address of: P.O. Box 66. Mt.
Holly Springs. Pennsylvania. 17065.
2. Appellee hcrein is the Department of Transportation ofthc Commonwealth of
Pennsylvania (PennDOTJ. having a mailing address of: Pennsylvania Department of
Transportation. Oftice of Chief Counsel, Third Floor. Rivcrfront Oftice Center. HalTisburg.
Pennsylvania 17104-2516.
3. This Honorable Court convicted appellant on onc count of violating 75 Pa.C.S. ~3731(a).
Driving Undcr thc Intluence.
4. The Honorablc Courfs sentence for this violation did not include a requirement to install
ignition interlock devices on vehicles owncd by Appellant.
5. PennDOT suspended Appellanfs 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 October 29.2002. and ended on,
October 31. 2003.
7. PennDOT sent appcllant a Rcstoration Requirements Letter dated October 1.2003,
whereby PennDOT informed Appellant that they will prolong appellanfs suspension one
additional year ifhc docs not install an ignition interlock device on evcry vchiclc he owns. If
Appellant docs not comply. PennDOT will not restorc Appellant's driving privileges on October
1, 2003. when the initial one year suspension is completed and will suspend Appellant's driving
privileges for another additional year ending on October 31, 2004.
8. A copy of the letter Penn DOT sent to appellant and dated October 1.2003 is attached
hereto and markcd as Exhibit "A".
9. On November 13.2003. Appellant tiles a Petition for Appeal from Imposition of Ignition
Interlock Requirements with the Cumberland County Court of Common Pleas.
10. On November 18.2003. Cumberland County Court of Common Pleas scheduled an
Appeal Hearing to be hcld on February 2. 2004.
II. On February 4. 2004. and Order of Court was issued granting Appellant permission to
amend his petition based on issued raised in Alexander v. ('ommonweal1h pending the outcome
of that Appeal.
12. On November 9. 2005. a Ictter was received by Appellant's Lcgal Counsel infOlming him
of the Departmcnt's decision to require Appellant to obtain an Ignition Interlock Restricted
Driver's Liccnse for onc year before bccoming eligible for an unrestrictcd drivers license.
WHEREFORE. Appellant respectfully requests this previously tiled Appeal be
Withdrawn.
TilE LA
By:
Paul Bradford Orr. Es
Attorney for Appcllant
50 East High Street
Carlisle. PA 17013
(717) 258-8558
1l",JjI0 () ~
Timothy A. Becraft.
Appcllant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
No.: 03-5964
Civil Term
Commonwealth 01'1'/\.
Department of Transportation,
Bureau of Driver Licensing,
Appellec
ATTORNEY VERIFICATION
The undersigned. Paul Bradford Orr, Esquire, hereby verifies and states that:
I. He is the attorney for Appellant:
2. He is authorized to make this verification on Appellant's behalf:
3. The facts sct forth in thc foregoing Appcal are known to him and not necessarily to his client;
4. The facts sct forth in the forcgoing Appeal are true and correct to the best of his knowlcdge.
information, and belief: and
5. He is aware that false statements hcrein are made subject to the penalties of 18 Pa.C.S.
~4904. relating to unsworn falsification to authoritics.
Respectfully submittcd
THE LAW OF 'lC S OF P U
Date:
D O~
By: _
Paul Bradford Orr. Esquire
50 East High Street
Carlisle, l' A 17013
(7 I 7) 258-8558
Attorney for Appellant
Supreme Court 1D# 71786
Timothy A. Bccraft.
Appellant
IN THE COURT or COMMON PLEAS
OF CUMBERLAND COlNTY
v.
No.: 03-5964
Civil Term
Commonwealth of P A,
Department of Transportation.
Bureau of Drivcr Licensing,
Appellcc
CERTIFICATE OF SERVICE
I hercby certify that on this date. I mailed a truc copy of a Motion to Withdraw
previously filed Appeal to the f()llowing pcrson at thc following address by U.S. First Class
Mail. postage prepaid:
Pennsylvania Dcpartmcnt of Transportation
()flicc of Chief Counsel
Third Floor
Riverfront Ofrce Cel 'r
Harrisburg, P ] 0 25 6
Date:
By:
Paul Bradford OIT, Es uire
Attorney t"r Appcllant
50 East High Strect
Carlisle. PA 17013
(717) 258-8558
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RECEIVED 7
MAR 1 4 2006
Timothy A. Becraft.
Appellant
IN THE COURT OF COMMON PI
OF CUMBERLAND COUNTY
v.
No.: 03-5964
Civil Term
Commonwealth ofPA.
Department of Transportation.
Bureau of Driver Licensing.
Appellce
OjR
AND NOW. this j.~ay of ftf , 2006. the appeal is REMANDED to the
Department and in accordance with ('inquina v. Commonweal/h orPenl7.\ylvania. Depar/men/ or
Tral7.\j>orlalion. 840 A.2d 525 (Pa. Cmwlth. 20(4) and Mankin v. Commonwealth or
Penl7.\ylvania. Depcw/men/ orTranspor/a/ion. 845 A.2d 249 (Pa.Cmwlth. 2(04). thc Department
shall corrcct the record and RESCIND thc requirement that the petitioncr install an ignition
interlock system on all vchicles he owns. however. the Department shall REQUIRE the
petitioner to obtain an Ignition Interlock Restricted License. The Dcpartment represents that he
has fully served his one year suspcnsion pursuant to Section 1532 (b) ofthc Vchicle Code as a
result of his conviction on Octobcr 31. 2003.
J.
.Y'ul Bradford Orr, Esquirc
Law Ofticcs of Paul Bradford 01'1'
50 East High Street
Carlisle. P A 17013
j
~nnsylvania Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Ofticc Ccnter
Harrisburg. PA 17104-2516
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Timothy A. Becraft,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
No.: 03-5964
Civil Term
Commonwealth of P A,
Department of Transportation,
Bureau of Drivcr Licensing,
Appellec
P
AND NOW, this l~
ORDER
day ()f~, 2006, upon considcration of Appellant's
Motion to Withdraw Previously Filed Appcal. the Motion is hereby GRANTED and the Appeal
is hereby WITHDRA WN.
.I.
Paul Bradford Orr. Esquire
Law OtTices of Paul Bradford Orr
50 East High Street
Carlisle. P A 17013
Pennsylvania Department of Transportation
Oflice of Chief Counsel
Third Floor
Riverti'ont OftlCC Center
Harrisburg, P A 17104-2516