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Home My WebLink About04-0234By: Louis P. Crocco, Esquire Attorney I.D. No.: 77393 P.O. Box 0833 Harrisburg, PA 17108-0933 (717) 652-6990 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA NO.: t? c2 3 %4 Jew DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVING LICENSING VS. TIMOTHY D. STRAYER IGNITION INTERLOCK DEVICE APPEAL AND NOW, Petitioner, Timothy D. Strayer, OLN 24465135 by and through is Attorney, Louis P. Crocco, Esquire, respectfully represents: 1. That the Petitioner resides at 825 High Mountain Road, Gardners, Pennsylvania, 17324. 2. That on August 29, 2003, the Petitioner was convicted in Cumberland County of a violation of 75 Pa. C.S.A. §3731 which occurred on March 9, 2003. 3. That on December 2, 2003, the Petitioner was sentenced for this offense and the sentencing Judge did not order installation of an Act 63 Ignition Interlock device. (See exhibit Al) 4. That by an official notice of the suspension letter dated December 22, 2003 the Petitioner was notified that he would be required to have his vehicle equipped with an approved Ignition Interlock System. (See exhibit A2) 5. That the Department of Transportation does not have independent authority to impose installation of an ignition interlock device in accordance with Cinquina v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 2003 WL 23138848 (Pa.Cmwlth.). 6. That the Department's requirement of the Ignition Interlock should be null and void. 7. That the Petitioner now makes this request far in advance of this 12/02/04 license eligibility date. WHEREFORE, Petitioner prays that this Honorable Court strike the Ignition Interlock requirement from the Pennsylvania Department of Transportation and restore his operating privileges on January 30, 2005, or in the alternative that this Honorable Court issue a Rule to Show cause upon the Pennsylvania Department of Transportation to show cause, if any they have, as to why the relief requested by Petitioner should not be granted. Respectfully submitted. Louis P. Crocco, Esquire Attorney for Petitioner CERTIFICATE OF SERVICE I, Louis P. Crocco, Esquire, attorney for Petitioner, being duly sworn according to law, served the within Interlock Device Appeal upon the Department of Transportation by certified mail addressed as follows: PENNDOT Office of Chief Counsel Vehicle and Traffic Law Division 1101 South Front Street Harrisburg, PA 17104-2516 This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ? ("" A?- Louis P. Crocco, Esquire Attorney for Petitioner COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1296 CRIMINAL TERM CHARGE: (3) DUI TIMOTHY STRAYER OTN: L148745-2 AFFIANT: PTL. ANDREW WOLFE IN RE: SENTENCE & PAROLE ORDER OF COURT AND NOW, this 2nd day of December, 2003, the Defendant, Timothy Strayer, having appeared for sentence with Michael S. Schwoyer, Esquire, and the Court being in receipt of a sentencing report, sentence of the Court is that the Defendant pay the costs of prosecution plus a fine in the amount of $310.00, which includes a $10.00 EMS Services fee plus a $100.00 CAT Fund surcharge, and that he undergo imprisonment in the Cumberland County Prison for not less than 32 days nor more than 23 months. The Defendant is directed to present himself at the Cumberland County Prison by 5:00 p.m. on Monday, December 29, 2003, for commencement of sentence. If the Defendant is not a discipline problem, he shall be paroled at the expiration of his minimum sentence without further order of court. Said parole to be with supervision. By e Cou *0400 Edward E. Guido, J. Michael W. Mervine, Esquire Victim Witness Assistant District Attorney Probation ichael S. Schwoyer, Esquire P 'vate Counsel CCP Court Administrator1 :lfh COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 22, 2003 TIMOTHY STRAYER WID * 033496122150783 001 825 HIGH MOUNTAIN RD PROCESSING DATE 12/15/2003 DRIVER LICENSE 24465135 GARDNERS PA 17324 DATE OF BIRTH 03/25/1978 LICENSE IN BUREAU Dear MR. STRAYER: This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 08/29/2003 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 03/09/2003: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 12/02/2003 at 12:01 a.m. ******?*?**?*?ee?e?**?s****ee*?e***?***e*?*?*e***?*e****e*? I WARNING: If you are convicted of driving while your I I license is suspended/revoked the penalties will be a I I MINIMUM of 90 days imprisonment AND a $1,000 fine AND I I your driving privilege will be suspended/revoked for I a MINIMUM 1 year period I *?ee****?**v*****e?*?*ee*****?*e***e**?*e***¦??***?******** 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 instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are satisfied. 033496122150783 PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 1296, Court Term 2003 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. 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. 3. 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 drivinq 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. 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. 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. (;--) oc 3J nJ (-? --- ?il .. I, T SIT' C ??_?'?' ?' \\ V ? `, ?? ?` L ?. T `T` r `. ?` v ??'. V 033496122150783 PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 1296, Court Term 2003 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. 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. 3. 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 drivinq 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. 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. 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. ?z ec 3) 033496122150783 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 22, 2003, of this letter. If you file an appeal in 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 certi- fied 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 INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TOD IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dot.state.pa.us C -?-3) ?., r> ,? -- .. ?:T i ?? ?? ?? t?? ?,_? ?? n? ? \j -??t L By: Louis P. Crocco, Esquire Attorney I.D. No.: 77393 p.0. Box 0833 Harrisburg, PA 17108-0933 Tt. 717)b:?L-oyyv IN THE COURT OF COM PENNSYLVANIA CIVIL ACTION - LAW NO.: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVING LICENSING VS. TIMOTHY D. STRAYER ORDER OF COURT AND NOW, this 1? day ofJW-9 04, upon consideration of the foregoing Petition and Answer thereto, a hearing is hereby scheduled to determine whether the Petitioner is subject to the Ignition Interlock Device Act. P 004 1 alo J M., in Courtroom No. ? A hearing is set for the _ day of at k -. Cumberland County Courthouse, Carlisle, Pennsylvania. THIS IS NOT A LICENSE SUSPENTION APPEAL PETITIONER'S DRIVING PRIVILEGES ARE NOT REINSTATED BY T COU J. V/Lou Crocco, Esquire Attorney for Petitioner > i?dJ /ENNDOT Office of of Chief Counsel Vehicle and Traffic Law Division 1101 South Front Street d "o? 3 Q' Harrisburg, PA 17104-2516 Allen D. Biehler, Secretary Pennsylvania Department of Transportation Keystone Building 400 North Street Harrisburg, PA 17120 t 1 ? ? 1 /\f 7.i zi'ir?1u?G r,_ ni-11. ??7 TIMOTHY D. STRAYER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-234 LICENSE SUSPENSION APPEAL ORDER AND NOW, this 26 ° day of March, 2004, the appeal 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 August 29, 2003, for a violation of 75 Pa.C.S. § 3731(a) on March 9, 2003. The petitioner's appeal is REMANDED to the Department and in accordance with Cinquina v. Commonwealth of Pennsylvania, Department of Transportation, 840 A.2d 525 (Pa. Cmwlth. 2004); McDonald v. Commonwealth of Pennsylvania, Department of Transportation, _ A.2d ) (Pa. Cmwlth. 2004), filed March 16, 2004; and Mankin v. Commonwealth of Pennsylvania, Department of Transportation, _ A.2d _ (Pa. Cmwlth. 2004), filed March 24, 2004, the Department shall correct the record and RESCIND the requirement that the petitioner install an ignition interlock system on all vehicles he owns, however, the Department shall REQUIRE the petitioner to obtain an Ignition Interlock Restricted License after he fully serves his one year suspension pursuant to Section 1532(b) of the Vehicle Code as a result of his conviction on August 29, 2003, of a violation of Section 3731 of the Vehicle Code on March 9, 2003, (the Department represents that the petitioner's current eligibility date for the Ignition Interlock Restricted License is January 3, 2005). DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104-2516 veewis P. Cr cco, Esquire, P.O. Box 0833, Harrisburg, PA 17108-0933 '0a 0't) IV J. mNnoo is. .9 RV 92 i?'?W h00Z 130 KtIVlo N, A?ClaiiA Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Cuuntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor A - oZ 3 4/ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573