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HomeMy WebLinkAbout02-1644 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY p. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY I.D. NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 JOEL ROBERT SEITZ, SR., Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant } IN THE COURT OF COMMON PLEAS } OF CUMBERLAND COUNTY, PA } NO. 02-16a.~ CIVIL TERM Statement of Matters Complained of on Appeal TO THE HONORABLE, THE JUDGES OF THE SAID COURT: NOW COMES the Commonwealth of Pennsylvania, Depa~:tment of Transportation, Bureau of Driver Licensing, Appellant, that, by and through its attorney, Timothy P. Wile, Esquire, in compliance with the requirements of Pa. R.A.P. 1925, hereby sets forth the matters about which it complains with respect to its appeal of this Court's order of June 20, 2002: 1. The trial court erred as a matter of law when it held that the Department of Transportation, Bureau of Driver Licensing. does not have a clear statutory duty and mandate to enforce the requirements of the Ignition Interlock Law, 42 Pa.C.S. §§7001 7003, regardless of whether a criminal trial court has complied with its statutory duty under 42 Pa.C.S. §7002. This clear and unambiguous statutory mandate is found in 42 Pa.C.S. §7003 and prohibits the Bureau of Driver Licensing from restoring the operating privilege of any repeat DUI offender who does not comply with the requirements of the Ignition Interlock Law and requires the Bureau to issue such a repeat DUI offender an ignition interlock restricted driver's license following that offender's completion of service of the one-year suspension mandated by 75 Pa.C.S. §1532(b)(3) as a consequence of the offender's DUI conviction. While the Bureau recognizes the Commonwealth Court's holding in Schneider v. Department of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa. Cmwlth. 2002), and that its holding is binding upon the trial court, the Bureau continues to believe that Schneider was wrongly decided and continues to litigate this issue before the Pennsylvania Supreme Court. The Bureau further submits that this issue has not yet been finally decided as the Supreme Court is actively considering the issues disposed of by the Commonwealth Court in Schneider in the case of Probst v. Department of Transportation, Bureau of Driver Licensing, No. 81 MAP 2001, and similar issues are before the Supreme Court in the case of Commonwealth v. Mockaitis, No. 32 MAP 2001. The Bureau has also filed a petition for allowance of appeal of the Commonwealth Court's decision in Schneider that the Pennsylvania Supreme Court has placed on "hold" pending its disposition of the appeals in the Probst and Mockaitis cases. 2. The trial court erred when it sustained the driver's challenge to the Ignition Interlock Law since that law is constitutional both on due process and equal protection grounds and the driver failed to establish that the statute offends any provision of either the United States or Pennsylvania Constitution. See Frederick v. Department of Transportation, Bureau of Driver Licensing, 2002 WL 1466543 (Pa. Cmwlth. 2002) (Ignition Interlock Law does not constitute an ex post facto law); Commonwealth v. Etheredge, 794 A.2d 391 (Pa. Super. 2002) (Ignition Interlock Law does not violate either the Equal Protection or Due Process Clauses of the United States or Pennsylvania Constitutions). Contrary trial court decisions, such as Commonwealth v. Riggs, 53 Pa. D. & C.4~ 309 (C.P. Lebanon 2001), and Commonwealth v. Mockaitis, 54 Pa. D. & C.4th 115 (C.P. Cumberland 2001), which held that the Ignition Interlock Law is unconstitutional, have been implicitly overruled by these intem~ediate appellate court decisions. ,.~. The Bureau reserves the right to argue any additional issues that may be raised by the common pleas court's opinion filed in support of that court's order of June 20, 2002. Respectfully submitted, Timothy~'~.~Wil ~' Assistant Counsel In-Charge Appellate Section Vehicle & Traffic Law Division Attorney I.D. No. 30397 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY P. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY I.D. NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 78%2830 JOEL ROBERT SEITZ, SR., Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-1644 CIVIL TERM Certificate of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing Statement of Matters Complained of on Appeal upon the following persons in the following manner, which service complies with the requirements of Pa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed as Follows: Judge Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Date: July 31, 2002 John F. Lyons, Esquire Attorney for Appellee Seitz 108-112 Walnut St. ~~Ti OT~ ~Ha~sburg' PA 17101 Y P. WILE Attorney for Department of Transportation COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY DENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 JOEL ROBERT SEITZ, SR., Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-1644 Civil Term Notice of Appeal Notice is hereby given that the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that was filed in this matter on June 20, 2002. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy of the docket entries are attached hereto. TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 JOEL ROBERT SEITZ, SR., Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRiVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-1644 Civil Term Request for Transcript A notice of appeal having been filed in this matter, the official court reporter is hereby requested to produce, certify and file the transcript in this matter in confomfity with Pa. R.A.P. 1922. Prepare only the original for inclusion in the record as the Appellant, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the transcript. -TE~RANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 JOHN B. ADCOCK, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-1644 Civil Term Proof of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing documents upon thc persons and in thc manner indicated below, which service satisfies thc requirements of Pa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed as Follows: Judge Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 John F. Lyons, Esquire Att. for Appellee Seitz 112 Walnut Street Harrisburg, PA 17101 DANA M. BRESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: July 18, 2002 p~S510 2002-01644 Reference No..: Case Tv]De ..... : APPEAL - LICENSE SUSP Judgmeh% ....... 00 Judge Assigned: Disposed Desc.: ............ Case Comments ............. Cumberland County Prothonotary's Office Civil Case Inquiry SEITZ JOEL ROBERT SR (rs) PA COMMONWEALTH OF Filed ........ : Time ......... : Execution Date Jury Trial .... DisDosed Date. Higher Crt 1.: Higher Crt 2.: Page 1 4/04/2002 9:51 0/00/0000 0/00/0000 General Index Attorney Info SEITZ JOEL ROBERT SR APPELLANT LYONS JOHN F 437 MOUNT ROCK ROAD NEWVILLE PA 17241 PENNSYLVANIA COMMONWWEALTH OF APPELLEE DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 * Date Entries * ............. FIRST ENTRY .............. 4/04/2002 APPEAL FROM SUSPENSION OF DRIVERS LICENSE 4/09/2002 SUSPENSION - HEARING IS SET FOR 6/20/02 AT i:00PM IN CR 5 OF THE CUMBERLAi~D COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDWARD E GUIDO J COPIES MAILED 7/08/2002 OF THE COMMONWEALTH COURT IN SCHNEIDER V DEPT OF TRANS - THE ACTION OF THE DEPARTMENT IN ORDERING THE DEFT TO INSTALL A GUARDIAN INTERLOCK SYSTEM ON HIS VEHICLES AS A PRE-CONDITIONFOR RESTORATION OF HIS OPERATING PRIVILEGES IS OVERRULED ~ DEFT'S APPEAL IN THAT RECORD IS SUSTAINED - BY THE COURT EDWARD E GUIDO J COPIES MAILED 7/8/02 .............. LAST ENTRY .............. * Escrow Information * * Fees & Debits Beg Bal Pymts/Adj End Bal * APPEAL LIC SUSP 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 45.50 45.50 .00 * End of Case Information * TRUE COPY FROM RECORD In Testimony whereof, I here unto ~t my hand and the s~l of sa~d Co~q~ at Cariisie, Pa. This /%~, day o~ JOEL ROBERT SEITZ, SR., : Petitioner : : V. : : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. APPEAL OF DRIVER'S LICENSE SUSPENSIOW AND NOW, comes the Petitioner, Joel Robert Seitz, Sr., by and through his attorney, John F. Lyons, Esquire, and respectfully represents as follows: 1. Petitioner is Joel Robert Seitz, Sr., an adult individual whose registered address for drivers' licensing purposes is 437 Mount Rock Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (hereinafter referred to as "Respondent" or the "Department") with an address c/o Office of Chief Counsel, 3rd Floor, RiverFront Office Center, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner is a licensed driver in Pennsylvania with a valid license bearing operator number 15112171. 4. On or about March 7, 2002, Respondent mailed a Notice to Petitioner that his operator's privilege was being suspended for a period of one (1) year, as a result of his conviction on December 3, 2001 of violating Section 3731 of the Vehicle Code on July 12, 2000. (A copy of the Notice is attached hereto as Exhibit "A" and incorporated herein by reference). 5. The Official Notice of Suspension of Petitioner's driving privilege also contains a notice on page 3 that before Petitioner's driving privileges can be restored he must have an Ignition Interlock System installed on all vehicles he owns. It is suggested that this is required by law, and informs Petitioner that his failure to comply with this requirement will result in his driving privileges remaining suspended for an additional year. 6. The suspension of Petitioner's operating privileges and the imposition of the requirement that he have all vehicles owned by him equipped with an Ignition Interlock System or suffer continuing suspension of his driving privileges for an additional year are illegal and improper, for the following reasons: a) The requirement of installation of an ignition interlock system on all vehicles owned by Petitioner is null and void as the Court has not ordered the installation of an approved ignition interlock device effective upon restoration of operating privileges. (A true and correct copy of the sentencing Order is attached hereto as Exhibit "B" and incorporated herein by reference thereto); b) The requirement that Petitioner must have an ignition interlock system on all vehicles owned by Petitioner has been imposed by the Department without the Court having submitted a record establishing that the Court has ordered the Page -2- c) d) e) installation of the device as required by Act 63 of 2000; The requirement that Petitioner must have an ignition interlock device installed on all motor vehicles owned by him prior to restoration of his operating privileges or suffer continued suspension of his operating privileges pursuant to Act 63 of 2000 violates Petitioner's right to equal protection as guaranteed to him by the Fourteenth Amendment of the United States Constitution and Article I, Section 26 of the Pennsylvania Constitution as the Act creates classifications which treat persons unequally based upon ownership or non-ownership of motor vehicles; The actions of the Department arbitrarily and unreasonably requires Petitioner to install an ignition interlock device on every vehicle he may own or drive, including vehicles he does not own such as those of his employer; The statutory provisions pursuant to which the requirement imposed on the restoration of Petitioner's driving privileges by the Department is unconstitutional and unenforceable as to Petitioner in that the statute requires the Court order installation, determine eligibility and Page -3- f) g) certify that the ignition interlock system has been installed on each motor vehicle owned by a defendant and for the restricted license, thereby violating separation of powers prohibitions of he United States Constitution and the Pennsylvania Constitution; The statutory provisions pursuant to which the Department has imposed the requirement of the installation of an ignition interlock system on all vehicles owned by Petitioner, or which he may be required to drive, is unconstitutional in that it deprives Petitioner of due process of law as guaranteed to Petitioner Fourteenth Amendments of Constitution and Article I, Pennsylvania Constitution; The Department's requirement by the Fifth and the United States Section 9 of the that Petitioner install an ignition interlock device on every motor vehicle he owns and not to drive any motor vehicle unless it has an ignition interlock system constitutes cruel and unusual punishment in that the cost of installation and maintenance of multiple ignition interlock devices is arbitrary, excessive, confiscatory and is tantamount to additional excessive fine contrary to the Eighth Page -4- and Fourteenth Amendments of the United States Constitution and Article I, Section 13 of the Pennsylvania Constitution; and h) The provisions of the statute requiring the Court to order installation of the ignition devices and to certify eligibility and compliance as to all vehicles owned by Petitioner, Or vehicles he could own or drive, is tantamount to additional punishment in contravention to the double jeopardy provisions of the United States Constitution and the Pennsylvania Constitution, Article I, Section 10. WHEREFORE, Petitioner requests your Honorable Court strike the requirement that Petitioner have an ignition interlock device installed on all his motor vehicles and determine Act 63 of 2000 is unconstitutional for the reasons set forth herein. Date:~Z- Respectfully Submitted, ~ --- er~ (717) 238-47'?'~'~ (7~7) 238-4793 - ?elecop±er Pa.I.D.No. 23859 Page -5- VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~{?/02_ ~~ ~. ~ ~ . J~R.--Se'itz, S~ EXHIBIT "A" COMMONNEALTN OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date= MARCH 07, 2002 JOEL ROBERT SEITZ SR 437 MT ROCK ROAD NEWVILLE PA 17241 WID ~ 020596208492683 001 PROCESSING DATE 02/28/2002 DRIVER LICENSE # 15112171 DATE OF BIRTH 11/17/1952 Dear MR. SEITZ= This is an Official Notice of the Suspension of your Driving Privilege as authorized by ~ection 15528 of the Pennsylvania Vehicle Code. As a result of your 12/05/2001 conviction of violating Section $751 of the Vehicle Code DRIVING UNDER INFLUENCE on 07/12/2000: Your driving privilege is SUSPENDED fo~ a period of 1 YEAR(S) effective 01/15/2002 at 12:01 a.m. NARNING= If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIHUM 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 ehould folloN ALL inetPucttons veP¥ carefully. Even if you have served all the time on the suspension/revocation, Ne cannot restore your driving ~rivilege until all the requirements are satisfied. COMPLYING NITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's perm/ts, temporary driver's licenses (camera cards) in your possession IMMEDIATELY. YOU HAY NOT RETAIN YOUR DRZVER"S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 9.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You wtll not receive credlt toward servlng any suspension until He recelve your license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your drivillg privilege. You must specify in Your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 6869~ Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), camera card(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit begins. If you do not receive a receipt from us w/thin $ weeks, please contact our office. Otherwise, you ~ill not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. $. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 2149, Court Term 2000 has sentenced you to serve a prison term for this violation. 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 and you have complied with the requirements listed in this letter. 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. 0~0596'208492683 IGNITIOH INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conv/ction for Dr/v/ng Under the Influence. If you fail to comply w/th th/s requirement, your driv/ng priv/lege w/Il remain suspended for an add/t/onal year. You will rece/ve more informat/on regarding this requ/rement approximately 30 days before your el/gibil/ty date. PROVIDING PROOF OF INSURANCE ......... N/thin the last 30 days of ~ _~.spens!p~/revocation, we ..... will S~nd Yo~ a *l~(t~P ask/nD that you prov/de proof of insurance at that time. Th/s letter will list acceptable documents and what will be needed if you do not own a vehicle reg/stered in Pennsylvan/a. ImpoPtant: Please make sure that PennDOT is not/f/ed if you move from your current address. You may not/fy PennDOT of your address change by calling any of the phone numbers listed at the end of th/s letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) w/th/n 30 days of the mail date~ HARCH 07, 2002, of this letter. 1~ you ~ile an appeal in the County Coupt, the CouPt ~111 give you a time-stamped cePtl~ted copy o~ the appeal. In order for your appeal to be valid, you must send this time-stamped cert/f/ed copy of the appea! by cert/f/ed mail to= Pennsylvania Department of Transportation Off/ce of Ch/el Counsel Th/rd Floor, Riverfront Off/ce Center Remember~ this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver 1/cense products to PennDOT ZHHEDZATELY. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSP©~TATION BUREAU OF DRIVER LICENSING I{ARRISBURG, PA 17123 02/28/02 JOEL ROBERT SEITZ SR 437 MT ROCK ROAD NEWVILLE PA 17241 020596208492704 001 02/28/02 15112171 11/17/52 Dear MR. SEITZ : This letter will acknowledge receipt of the LICENSE you surrendered on 01/15/02 to serve your suspension, or revocation (sanction). Pursuant to Section 1541 of the Vehcle Code, you will not receive credit toward serving your sanction or any additional sanction at this time. Credit will not start until the court notifies PENNDOT of your completed prison term. After PENNDOT receives notice of your release from prison, an official letter will be sent to you. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing 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 EXHIBIT "B'~ COMMONWEALTH : V. : : CHARGE: : JOEL ROBERT SEITZ : AFFIANT: OTN: H203454-6 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2149 CRIMINAL TERM (1)UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA (2)DUI PTL. JEFFREY KURTZ IN RE: SENTENCING, PAROLE & LICENSE SURRENDERED ~ ORDER OF COURT AND NOW, this 15th day of January, 2002, the defendant, Joel Robert Seitz, having previously been found guilty after a nonjury trial, and now appearing for sentence together with private counsel, John Lyons, Esquire, the court being in receipt of a DUI report, Sentence of the court at Count 2, Driving under the Influence, is that the defendant pay the costs of prosecution, a fine of $300.00, together with an EMS assessment of $10.00, and a CAT Fund surcharge of $50.00, and undergo imprisonment in the Cumberland County Prison for a period of not less than forty-eight hours nor more than twenty-three months. Sentence to commence on Friday, January 18, 2002, at 5:00 p.m. The defendant to pay the costs of said incarceration and to be paroled at the expiration of his minimum term without further order of court, on condition that he shall have behaved himself well at the Cumberland County Prison, and on further condition that he abide by the instructions and directions of his parole officer. COMMONWEALTH V. JOEL ROBERT SEITZ Sentence of the court at Count 1, Unlawful Possession of Drug Paraphernalia, is that the defendant pay the costs of prosecution, and a fine of $150.00, and undergo probation for the purpose of collection for a period of twelve months. The defendant's driver's license is surrendered effective this date. By the Court, Jaime Keating, Esquire Assistant District Attorney John Lyons, Esquire For the Defendant K~k. Hess, J. Probation Victim Services Sheriff CCP :bg CERTIFICATE OF SERVICE I, John F. Lyons, Esquire, attorney for the Petitioner, Joel R. Seitz, Sr., hereby certify that I have on the date shown below served a copy of the foregoing Notice of Appeal to the following and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 AND Office of Attorney General 16th Floor Strawberry Square Harrisburg, PA 17120 Respectfully Submitted, Ja~rS~~7~/ EsquAre rney for/Petit/oner 112 WalnUt S~eet isburg P~--'I7101 (717) 238-4777 (717) 238-4793 - Fax PA I.D. No. 23859 JOEL ROBERT SEITZ, SR., : Petitioner : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ORDER FOR HEARING AND NOW, this day of /~/~-i ~ , 2002, upon consideration of the Petition of Petitioner, Joel Robert Seitz, Sr., for review of an order of the Department of Transportation suspending Petitioner's operating privilege, hearing is granted to determine whether the action of the Department of Transportation in suspending Petitioner's operating privilege should be set aside. Hearing on the above-matter is set for the ~ day of ~_/k~_ (~/C~/9I), 2002, a~/;~O~.M, in Courtroom No. located in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. The Petitioner is directed forthwith to serve notice of the appeal and a copy of the Petition and Order for hearing on the Department of Transportation at the address shown in the Department's Notice of Suspension, by certified mail, return receipt requested. Jo ¥~NVA'RSNN~d /,b¥.LOI~Ol.~,u~d ?,,~j....40 JOEL ROBERT SEITZ, SR., Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1644 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of June, 2002, this Court being bound by the decision of the Commonwealth Court in Schneider v. Department of Transportation, 790 A2d 363, the action of the Department in ordering the defendant to install a guardian interlock system on his vehicles as a pre-condition for the restoration of his operating privileges is overruled, and the defendant's appeal in that regard is sustained. The Department's action in suspending the defendant's license for one year as a result of the underlying driving under the influence conviction is sustained, and the appeal is dismissed. John F. Lyons, Esquire For the Petitioner George Kabusk, Esquire For the Respondent it ~do, J. JOEL ROBERT SEITZ, SR. Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 2002-1644 CIVIL TERM : ORDER OF COURT AND NOW, this 25TM day of JULY, 2002, Counsel for the Appellee is directed to file a concise statement of matters complained of on appeal within fourteen (14) days of todays date in accordance with Rule of Appellate Procedure 1925(b). Edward E. Guido, J. District Attorney /fferrance M. Edwards, Esquire Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pa. 17104-2516 :sld JOEL ROBERT SEITZ, SR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vo COMMONWEALTH OF : NO. 2002-1644 CIVIL TERM PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, : BUREAU OF DRIVER : LICENSING : CIVIL ACTION - LAW IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J., AUGUST ~ , 2002 The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Penn DOT) has appealed our order overruling its action directing Mr. Seitz to install an ignition interlock device on his vehicles as a precondition to the restoration of his operating privileges. The facts in this case are indistinguishable from those in Schneider v. Dept. of Transportation, 790 A.2d 363 (Pa. Commonwealth 2002). Being bound by Schneider, we had no alternative but to overrule the action of Penn DOT. DATE appeal and to itz's Edward E. Guido, J. John F. Lyons, Esquire For the Petitioner Rebecca L. Bickley, Director Bureau of Driver Licensing Riverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 9-. CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: JOEL ROBERT SEITZ, SR. Appellant V. COMMONWEALTH OF PENNSYVANIA DEPARTMENT OF TRANSPORTATION BUREAY OF DRIVER LICENSING Appellee NO. 02-1644 CIVIL TERM 1773 CD 2002 The documents comprising the record have been numbered from No. 1 to 35, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8-30-02 An additional copy of this certificate is enclosed. Please sign and date copy~ thereby acknowledging receipt of this record. CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: JOEL ROBERT SEITZ, SR. Appellant V. COMMONWEALTH OF PENNSYVANIA DEPARTMENT OF TRANSPORTATION BUREAY OF DRIVER LICENSING Appellee NO. 02-1644 CIVIL TERM 1773 CD 2002 The documents comprising the record have been numbered from No. 1 to 35, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8-30-02 An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of to No. COPY OF CUMBERLAND l/Ii CD ZUUZ 02-1644 CIVIL COMPLETE Term, 19_ in the Commonwealth of Pennsylvania is contained the following: DOCKET ENTRY JOEL ROBERT SEITZ, SR. Appellant Ve COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Appellee SEE ATTACHED CERTIFIED DOCKET ENTRIES. 1 - 15 16 17 18 - 21 22 23- 24 25 - 28 29 30 - 34 35 PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 2002 01644 SEITZ JOEL ROBERT SR (vs) PA COMMONWEALTH OF Reference No..: Filed ........ : 4/04/2002 Case Type ..... : APPEAL - LICENSE SUSP Time ......... : Judgment ...... .00 9:51 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Disposed Desc.: Jury Trial .... Disposed Date. 0/00/0000 ............ Case Comments ............. Higher Crt 1.: 1773 CD 2002 Higher Crt 2.: General Index Attorney Info SEITZ JOEL ROBERT SR APPELLANT LYONS JOHN F 437 MOUNT ROCK ROAD NEWVILLE PA 17241 PENNSYLVANIA COMMONWWEALTH OF APPELLEE DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 * Date Entries 4/04/2002 FIRST ENTRY .............. APPEAL FROM SUSPENSION OF DRIVERS LICENSE SUSPENSION - HEkRING IS SET FOR 6/20/02 AT i:00PM IN CR S OF THE CUMBERI2LND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDWARD E GUIDO J COPIES MAILED ECho A 0 E E ACTION OF THE DEPARTMENT IN ORDERING THE DEFT TO INSTALL A GUARDIAN INTERLOCK SYSTEM ON HIS VEHICLES AS A PRE-CONDITIONFOR RESTORATION OF HIS OPERATING PRIVILEGES IS OVERRULED AND DEFT'S APPEAL IN THAT RECORD IS SUSTAINED - BY THE COURT EDWARD E GUIDO J COPIES MAILED 7/8/02 7/19/2002 NOTICE OF APPEAL TO C0~8~£~h BY TERRANCE M EDWARDS ESQ 7/26/2002 ORDER OF COURT - DATED 7/25/O2 - DIRECTED TO FILE A CONCISE STATEMENT OF MATTERS COMPLAINTED OF ON APPEAL WITHIN 14 DAYS OF TODAY'S DATE IN ACCORDANCE WITH RULE OF APPELLATE PROCEDURE 1925 B - BY THE COURT EDWARD E GUIDO J COPIES MAILED 7/31/2002 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 1773 CD 2002 8/02/2002 STATEMENT OF MATTERS COMPLAINED OF ESQ FOR APPELANT S/0~/2002 [~.~.U.?IN~ON PURSUANT TO PA ~AP 192S C~MMUN~ALTH OF PENNSYLVANIA DEPA~RTMENT OF TR3~NS 0 TAITON BUREAU OF DRIVE LICENSING (PENN DOT) HAS APPEALED OUR ORDER OVERRULING ITS ACTION DIRECTING MR SEITZ TO INSTALL AN IGNITION INTERLOCK DEVICE ON HIS VEHICLES AS A PRECONDITION TO THE RESTORATION OF HIS OPERATING PRIVILEGES - THE FACTS IN THIS CASE ARE INDISTINGUISHABLE FROM THOSE IN SCHNEIDER V DEPT OF TRANSPORTATION 790 - HEIN? BOUND SCHNEIDER WE ~D ~62[L ~ ~ ~- ~ ~^IN ~R SEITZ S APPEAL AND TO OVERRULE T~E ACTION OF PENN DOT - BY EDWARD E GUIDO J MAILED 8/6/02 - COPIES 8/13/2002 TRANSCRIPT OF PROCEEDINGS HELD BEFORE THE HON EDWARD E GUIDO J ON JUNME 20, 2002 .............. LAST ENTRY EXHIBITS . ~ ....... ~ Escrow Information PYSS10 2002-01644 Reference No..: Case Type ..... : APPEAL - LICENSE SUSP Judgmen% ...... .00 Judge Assigned: GUIDO EDWARD E Disposed Desc.: ............ Case Comments ............. SETTLEMENT 5.00 JCP FEE 5.00 APPEAL 30.00 Cumberland County Prothonotary's Office Civil Case Inquiry SEITZ JOEL ROBERT SR (rs) PA COMMONWEALTH OF Filed ........ : Time ......... : Execution Date 5.00 5.00 30.00 Page 4/04/2002 9:51 o/oo/oooo Jury Trial .... Disposed Date. 0/00/0000 Higher Crt t.: 1773 CD 2002 Higher Crt 2.: .00 .00 .00 757~6-- 75.5o .00 ******************************************************************************** * End of Case Information TRI.IE COI~ FROM RECORD In Testimony whereof, I here unto set my bane and tS Seal,of se~d Cou~ at Carlisle Fa Commonwealth of Pennsylvania County of Cumberland SS: I, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Joel Robert Seitz, Sr. Plaintiff, and Comm of PA, Dept of Transp Bur od Dr Licensing Defendant __, as th$ same remains of record before the said Court at No. ~ of Civil Term, A.D. 19__. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 30th day o /~I~~A. D., Z~0_0_2~. Prolhonotary 1, George E. Hoffer President Judge of the Hi n~-hj Judicial District, composed of the County of Cumberland, do certify that (~r~-i~ n'_ l.c~ncj , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of c'~,mh~'g] ~r~d in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law andmade t~¥,~o~ce~& .~.bY ~dent ludge Commonwealth of Pennsylvania [ County of Cumberland J ss: I, Curtis R. Long Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable Georqe E. Hoffer, P. J. by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF. I have hereunto se~ 0mtYhhandd?d a_ffixed~hu~ef saz~d Cl%~b~is IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joel Robert Seitz, Sr. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant · No. 1773 C.D. 2002 · Submitted: February 7, 20( )3 BEFORE: HONORABLE DAN PELLEGRINI, Judge HONORABLE RENI~E L. COHN, Judge HONORABLE JESS S. JIULIANTE, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE JIULIANTE FILED: April 2, 2003 The Department of Transportation, Bureau of }river Licensing (Bureau) appeals from the June 20, 2002 order of the Court of ',ommon Pleas of Cumberland County (trial court) that sustained the statutory apl: al of Joel Robert Seitz, Sr. (Seitz)~ from the requirement that he comply with wh:tt is referred to as the Ignition Interlock Law (Law), 42 Pa. C.S. §§7001-7003. We affirm. On July 3, 1985, Seitz was charged with driving under the influence of alcohol (DUI), a violation of Section 3731(a) of the Vehicle Code, 75 Pa. C.S. §3731(a). Seitz was subsequently accepted in to the Accelen Disposition (AR_D) program for that offense. As a condition o operating privilege was suspended for six months. ~On January 28, 2003, this Court entered on order precluding Sei brief or participating in oral argument. tted Rehabilitative his ARD, Seitz's from either filing a On April 28, 1991, Seitz was again charged with DUI and on January 7, 1992, he was convicted of that offense. As a result, his operating privilege was suspended for one year, effective January 7, 1992. However, on November 17, 1991, Seitz was again charged with DUI and on July 14, 1992, he was convicted of that offense. As a result, his operating privilege was suspended for an additional year effective January 7, 1993. On January 7, 1994, Seitz's operating privilege was restored. On July 12, 2000, he was charged for a fourth time with DUI. On December 3, 2001, Seitz was convicted of that offense? Again, Seitz's operating privilege was suspended-for one year effective January 15, 2002. However, the trial court's order did not require that Seitz install an approved ignition interlock device on his vehicle as required by Section 7002(b) of the. Law, 42 Pa. C.S. §7002(b).3 Nonetheless, the Bureau's March 7, 2002 suspension notice informed Seitz that as a condition precedent to the restoration of his operating privilege, he would have to comply with the provisions of the Law or remain ineligible for restoration of his operating privilege for an additional year. On April 4, 2002, Seitz filed a statutory appeal fi.om that suspension notice. On June 20, 2002, the trial court held a de novo hearing at which Seitz did not challenge his one-year suspension, but only the requirement that he comply with the Law. The parties agreed that the trial court did not impose an order under 42 Pa. C.S. §7002(b) directing that Seitz comply with the ignition interlock 2The Law became effective on September 30, 2000. 3Section 7002(b) of the Law requires that "where a person has been convicted of a second or subsequent violation of 75 Pa. C.S. {}3731, the court shall order the installation of an approved ignition interlock device on each motor vehicle owned by the person to be effective upon the restoration of operating privileges by the department." 42 Pa. C.S. {}7002(b). 2 requirement. The Bureau introduced into evidence a packet~ of documents containing official records related to the case, which were certified by both the Secretary of Transportation and the Bureau's Director. The trial court also admitted into evidence a copy of Seitz's DUI sentencing order. In addition, the Bureau acknowledged before the tri~L1 court that the case was controlled by Schneider v. Department of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa. Cmwlth. 2002). In Schneider, this Court ruled that the Bureau is not authorized by Section 7002 of the Law to require installation of an ignition interlock device. Inasmuch as the language of Section 7002(b), 42 Pa. C.S. §7002(b), provides that "the court shall order the installation of an approved ignition interlock device on each motor vehicle owned by the person," we concluded that this provision gave the trial court the sole authority to impose the installation of the ignition interlock equipment. Based on Schneider, the trial court sustained Seitz's appeal as to the ignition interlock requirement, but dismissed the appeal as to the one-year suspension. The Bureau appeals.4 On appeal, the Bureau requests that this Court revis!t the issue before the Court in Schneider, i.e., whether, in the absence of a court ~rder, the Bureau has the authority under the Law to unilaterally require a DUI off ruder to install an ignition interlock device on all vehicles owned by that' person. The Bureau contends that it has an independent mandate under Section 7003 ~1) of the Law, 42 Pa. C.S. §7003(1), to enforce the requirements of the Law up¢ regardless of the existence of a court order. 4 Our review is limited to determining whether the trial court's supported by competent evidence, whether the trial court committed an en trial court abused its discretion. Schneider. n a DUI offender findings of fact are 'or law or whether the In Schneider, this precise issue was raised by the Bureau and rejected by this Court. Furthermore, in Turner v. Department of Transportation, Bureau of Driver .Licensing, 805 A.2d 671 (Pa. Cmwlth. 2002), we followed Schneider and again held that the Department is not permitted to override the trial court's order and require the installation of the ignition interlock device. We recognize that the Bureau has filed petitions for allowance of appeal, which are pending in both Schneider and Turner. Nevertheless, this Court, sitting en banc, recently revisited this issue ~n Watterson v. Department of Transportation, Bureau of Driver Licensing, ... A.2d , (Pa. Cmwlth. No. 1055 C.D. 2002, filed February 7, 2002). In Watterson, we again applied the rationale in Schneider and rejected the Bureau's argument that Section 7003 of the Law, 42 Pa. C.S. §7003, provides the Bureau with the independent authority to imPose the ignition interlock requirement on DUI offenders. In view of our decisions in Watterson, Turner and Schneider, which we find to be controlling, we believe it unnecessary to address in detail the Bureau's legal argument in the case subjudice. Accordingly, we affirm the order of the trial court based on our decisions in those cases. S. JIUL{~ TE, Senior Judge 4 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joel Robert Seitz, Sr. Vo Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant · No. 1773 C.D. 2002 2002 order AFFIRMED. AND NOW, this of the Court of ORDER 2nd day of April , Common Pleas of Cumberland ,003, the June 20, 2ounty is hereby Certified from the Record APR 0 ~ ZOO3 and Order Exit IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joel Robert Seitz, Sr. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant No. 1773 C.D. 2002 ' 7, Submitted: February 2003 BEFORE: HONORABLE DAN PELLEGRINI, Judge HONORABLE RENI~E L. COHN, Judge HoNoRABLE JESS S. JIULIANTE, Senior Judge OPINION NOT REPORTED CONCURRING OPINION BY JUDGE COHN FILED: April 2, 2003 Department of I respectfully concur. I agree that Schneider v. Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa Cmwlth. 2002), and Watterson v. Department of Transportation, Bureau of Driver Licensing, __ A.2d __, (Pa. Cmwlth., NO. 2055 C.D. 2002, filed February 7, 2002), are dispositive of the issue here, but disagree that they were correctly decided as explained in my dissent in Watterson.