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Home My WebLink About01-6828COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPEl J,EE Vo JOHN MICHAEL SPANG, APPEl J.ANT IN THE COURT OF COMMON PLEAS OF CUMBERI,AND: COUNTY, PENNSYLVANIA CIVIL NOTICE OF APPEAl. OF LICENSE SUSPENSION/RESTRICTION (ignition Interlock) 1. Appellant, John Michael Spang, is an adult individual who currently resides at 3628 Lisbum Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County, Pennsylvania. 3. Appellant was dried on December 23, 2000, in Hampden Township, Cumberland County, for allegedly committing a violation of the Vehicle Code. 4. On August 21, 2001, Appellant was convicted of Driving Under the Influence, pursuant to 75 PaC.S.A. § 3731. 5. By letter dated October 23, 2001, Appellee notified Appellant that his operating privileges would be suspended for a period of one year beginning on August 28, 2002 and before his driving privilege can be restored, Appellant will be required to have all vehicles owned by him equipped with an Ignition Interlock System. A true and correct copy is attached as Exhibit A. Appellant appeals the Commonwealth's request that he be required to install Ignition Interlock Systems because: a. Judge Edward E. Guido, at the time of Sentence, never imposed the Ignition Interlock System as part of Appellant's sentence, and b. the statute mandating the use of the Ignition Interlock System is unconstitutional because it is overly broad and violates due process. WHEREFORE, your Appellant respectfully requests this Honorable Court to set a hearing and deny the Commonwealth's request that Appellant be required to equip his vehicles with an Ignition Interlock System bef6re his driving privilege can be restored. Date: November'S. 2001 Respectfully submitted, B~)M ~ TULAKIS JoiA. A~bom.. .. /-fi:ttorney for the Appellant oA o~°r .n, eY~ !.D.# 7761 8 South Hanover St. Suite 204 Caxlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE I, John A. Abom, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Depaatment of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 30, 2001 JOHN MICHAEL SPANG 3628 LISBURN ROAD MECHANICSBURG PA 17055 WID ~ 012966170319545 001 PROCESSING DATE 10/23/2001 DRIVER LICENSE ~ 22671399 DATE OF BIRTH 06/21/1956 LICENSE IN BUREAU Dear MR. SPANG= This is an Offlcial Notice of the Suspension of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your 08/21/2001 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 12/23/2000= Your driving privilege is SUSPENDED fop a pep/od YEAR{S) effective 08/28/2002 at 12:01 a.m. 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 1 year period This suspension'is in add/t/on to any other suspensions al- ready on your record. PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 00~82, Court Term 2001 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. 01296617031954~ 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 /s a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your dr~ving privilege will remain suspended for an additional year. You will re- ceive more information regarding this requirement approxi- mately 50 days before your eligibility date. PROVIDING PROOF OF INSURANCF Within the last 50 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 PennsyZvania. Zmpoptant: Please make sure that PennDOT is notified /f 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) w/thin 50 days of the mail date, OCTOBER 30, 2001, of this letter. Zf you file an ap- peal in the County Cou~tj the CouPt will give you a time- stamped cePtlfled copy of the appeal. In order for your appeal to be valid~ you must send this time-stamped certi- f/ed copy of the appeal by certified ma/l to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, R/verfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing JOHN MICHAEL SPANG, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6828 LICENSE SUSPENSION APPEAL ORDER AND NOW, this /5-' day of ~e.,e,,,-b~ ,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 August 21, 2001, for a violation of 75 Pa. C.S. § 373 l(a) on December 23, 2000. 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 December 23, 2000. BY THE COURT DISTRIBUTION: ~ceC J' George H. Kabusk, Esquire, PennDOT, Riverfront O enter, 1101 South Front Street, Harrisburg, PA 17104-2516 John A. Aborn, Esquire, 36 South Hanover Street, Suite 204, Carlisle, Pennsylvania 17013 ~49/p, fl~