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Home My WebLink About02-0018TERRI M. LEE, Appellant COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: ~50~ ~ {~/ Civil Texm PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS 1. Appellant herein is Terri M. Lee, residing at and having a mailing address of.' 322 Burgners Road, Carlisle, Pennsylvania 17013. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of.' Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. By letter or notice dated December 6, 2001, a copy of which is attached hereto as Exhibit A, the Department of Transportation suspended Appeilant's operating privileges as a result of her conviction for DUI and sua sponte imposed ignition interlock requirements. 4. Imposition of ignition interlock requirements is unlawful in that it was done by PennDOT without legal authority and in the absence of imposition of those requirements by this Court. Wi~EREFORE, Appellant respectfully requests that this matter be set down for a heating and that the imposition of ignition interlock requirements imposed on Appellant by PennDOT be set aside. Page 1 of 2 Date: Respectfully Submitted, BY:SBradfc~r~' Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 ORR Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 06, 2001 TERRI M LEE 208 MILL STREET MT HOLLY SPGS PA 17065 WID # 013336117538400 001 PROCESSING DATE 11/29/2001 DRIVER LICENSE t 24010357 DATE OF BIRTH 11/19/1964 LICENSE IN BUREAU Dear MS. LEE: This is an Officlal Notice of the Suspension of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your 09/25/200I conviction of vioIating Section $75i of the Vehicle Code DRIVING UNDER INFLUENCE on · Your driving privilege is SUSPENDED for a perlod of 1 YEAR(S) effective 11/20/2001 at 12:01 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penaities wii1 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 Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING NITH 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 ~riv- ilege until all the requirements are satisfied. 013336117538400 PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 001707· 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 suspensionXrevocation 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 Code, the Court of CUMBERLAND CTY · Court Number 001707, Court Term 2001 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 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 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. 0133561175~8400 PROVIDING PROOF OF INSURANCE N/thin 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 Pennsylvania. Zmpoptant: 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 50 days of the mail date, DECENBER 06, 2001, of this letter. 1~ you ~ile an appeal in the County CouPt, the CouPt will give you a tLme- stamped cert/~/ed 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 OFFZCXAL NOTXCE OF SUSPENSZON. Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing INFORHATION 7=00 a.mo to 9=00 p.m, IN STATE 1-800-952-~600 TDD IN STATE OUT-OF-STATE 717-591-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-591-6191 VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true 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:~.?.. o~ cF, 'a-o-O I Terri M. Lee TERRI M. LEE, Appellant V. COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING CERTIFICATE OF SERVICE I hereby certify that on this date, January 3, 2002, I mailed a tree copy of Petition for Appeal from Imposition of Ignition Interlock Requirements to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: Civil Term Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center TERRI M. LEE, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: : COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING : t~- /g Civil Term :JAN 0 ? 2002~t_ ORDER OF COURT AND NOW, this I 7'~day of~, 200~, based upon Appellant's ^ppea~, a he~i.g sha, be he~d un the,/~/' day of ~.~6~, :00& at $"a0 o'clock /~ M in Courtroom Number ~.~, Cumberland County Courthouse, Carlisle, Pennsylvania. /Po~\ 0,'~, £~% Appellant t~PennDOT BY THE~ TERRI M. LEE, : 1N THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA : ~dAN v. : No.: ,~- /4 Civil Term : COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING : ORDER OF COURT AND NOW, this / 7~day of~, 200~,7~, based upon Appellant's Appeal, a hearing shall be held on the/$ ~' day o£~_, 200.~, at ~ .'g0 o'clock t~ M in Courtroom Number ~__, Cumberland County Courthouse, Carlisle, Pennsylvania. Appellant t/PennDOT 01' 7'o BY THE~ TERRI M. LEE, Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 0018 CIVIL TERM ORDER OF COURT AND NOW, this 4TM day of MARCH, 2002, at the request of Appellant's counsel the hearing scheduled for March 1, 2002, has been continued. The new date and time is MONDAY, MARCH 25, 2002, at 9:00 a.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. P~aaul B. Orr, Esquire ~eorge Kabusk, Esquire For Dept. of Transportation Edward E. Guido, J. :sld ~NVA'~SNN~ TERRI M. LEE, : Appellant : COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-0018 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of March, 2002, after hearing, the action of the department is sustained insofar as it suspends the appellant's operating privileges for one year as a result of the conviction under the 3731 of the Vehicle Code, and in that respect, the appeal is DISMISSED. However, the sua sponte action of the department in directing the installation of a guardian interlock device as a precondition for license reinstatement is revered, and in connection therewith the appeal is GRANTED. ~eorge Kabusk, Esquire Attorney for Appellee /aul B. Orr, Esquire Attorney for Appellant By the Court, Edward E. Guido, J. 03- 7- srs