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HomeMy WebLinkAbout02-1888DEANNA RAE STONE, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension -Chemical Test BUREAU OF DRIVER LICENSING, :Refusal API~ce AND NOW comes the Appellanrt, Deanna Rae Stone, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., and respectfully avers the following: Appellant resides at 1 East Beale Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The Appellant received a notice dated April l 1, 2002, that as a result of her conviction on February 19, 2002 of Pennsylvania Vehicle Code Section 3731, driving under the influence, her driving privileges were being suspended for a period of one year, effective suspension date March 26, 2003, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 3. The license suspension appeal notice indicates that the Defendant must have the ignition urterlock system installed on her car in order to have her driving privileges restored. 4. The Commonwealth's actions are in violation of Defendant's State and Federal Constitutional Rights are being violated. 5. The Defendant never received notice from the Sentencing Court that any ignition urterlock system would be required to be installed on her car. See Exhibit "B". 6. The Commonweath's actions are illegal. See Schneider v. PennDot. WI~REFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfiilly submitted, ~: Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 1D# 46430 Tel. (717) 763-1800 Date: DEANNA RAE STONE, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA No. o~ - lP~~ ~wl.~`T~z.ri, v. l COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension -Chemical Test BUREAU OF DRIVER LICENSING, :Refusal Appellee I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Deanna R Stone, hereby verifies and states that: 1. I am the attorney for Appellant, Deanna R Stone; 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: ~ 4~-- Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 DEANNA RAE STONE, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension -Chemical Test BUREAU OF DRIVER LICENSING, :Refusal Appellee I hereby certify that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River&ont Office Center Harrisburg, PA 17104 Respectfully submitted, Patrick F. Lauer, Jr., Esq ' 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date:~~5 ~~-- COMMONWEALTH OF PENNSY!_VANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Meil Date: APRIL 11, X002 AkANNA R STONE WID • 020946102279054 001 3 EAST BEALE AVE PROCESSING DATE p4/04/2002 DRIVER LICENSE t 22647377 ENOLA pA b7025 DATE OF BIRTH 0Z/19/197r LICENSE IN BUREAU bear MS. STONE: This is an Official Notice of the Suspension ofi your Driving Privilege as authorised by Section 15328 of the Pennsylvania Vehicle Cade. As a result of your 02/19/2002 conviction af- violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 10/10/2001r ~ Your driving privilege is SUSPENREG for a period of 1 YEAR(S) affective 03!26/2002 at 12:01 a.m. x~~iE*•~~*~~R*~s***~*>E*~*********~*********R****~~kRa~z~rF>Fat>Ea I WARNING: If you are convicted of driving while ynur i ~ license is suspanded/revoked the penalties will be a I I MINIMUM of 90 days imprisonment ANb a S1,000 fine AND I I your driving privilege Hill be suspendedtrevoked far I I a MINIMUM 1 year period ~ v~vvv*~~~>E~***~~**~*.~~~rE~**xxrF*~~***~a*****v**v~***xx*~x*xx Before PennDOT can restore vaur driving privilege, you must fnllnw the instructions in this letter for COMPLYING WITH TF~IS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF aF INSURaNCk. You should follow ALL instructions very carefully. Even if you have served all the time on th® Guspensianlrevacatian, we cannot restore your briving privilege until all the requirements are satisfied. ZO 'd i 'ON Xdd S~SIOdIO~dS d00~ Wd Zb,80 OdM ZO-OI-adb 020946].02274054 PRISON RElEA5E RE UIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 2532, Court Term 2001 has sentenced you to serve a prison term far this violation. Pursuant to Section 1541(a.l) of the Vehiclw Cade, ynu will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify spur completion to PennDOF. You may wish to contact your probation officer and/ar the Court after-your rElease.ty make sure that PennDOT...is .properly . notified, COURT ^RDER TREATMENT PROGRAM_(ACT 122) Pursuant tv 5ection 1548(d) of the Vehicle Coder the Court of CUMBERLAND CTY , Court Number 2532, Court Term 2001 has ordered you to attend a treatment program far alcohol or drug addiction. As a result of the court order, this suspension/revocation shall remain in effect until the Department is notified by the above Court that you have successfully completed treatment and you are otherwise eligible for restoration of your driving privilege. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDpT to be restored firom ~ suspension/revocation of your driving privilege. To Pay your restoration feo, 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 p~1ye) vn 'the""check- ar money order to ensure---p; oiler credit, 3• Fellow the payment and mailing instructions an the back of the application. 1G. NIT~ON ~MTERLOCK Before your driving privilege can 6e restored you are requirod by law to have all vehicle(s) owned by you #o be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If ynu foal to comply with this requirement, your driving privilege will remain suspended for an additional year. You will receive mare information regarding this requiremont approximately 30 days before your el.ipihility date. b0 'd i 'ON ~~d S~.SI~~I09dS ~(IOd ;dd £b;80 Q9M 2C-Ol-ddb 020966102279054 PROVIDING PROOF OF INSURANCE Within the last 30 day3 of your ,suspension/revocation. we will send you a letter asking that you praaide proof of insurance at that time. This letter will list acceptable documehts and What will be needed if you do not own a vehicle registered in Pennsylvania. Important: Please make sure that PennDDT is notified if you nova from your currant address, you may notify pennDOT of your address change by calling any of the phone numbers li3ted-r:t the end of•this-letter. APPEAL You have the right to appeai this action to the Court of Common Pleas- (Civil Division) xithin 30 days of the ma31 date, APRIL 11, 2002, of this letter. if you file an rppeai Sn th~a GountY Cour#, the Court 1+111 glue gnu a time-stamped certified copy of the app~bl. In order far your appeal to be valid, you must send this tine-stamped certified copy afi tha aPpeaJ, by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center FlarrSsburr~, PA 17104-2516 Remember, this is an OKFICIAL NOTICE OF SUSPENSION. Sincerely, Rebecca L. Bickley, Director Bureau oi' Driver Licensing INFDRMATIDN 7:00 a.m. to 9100 p m IN STATE 1-BOD-932-460D TDD IN STATE 1-800-228-0676 QUT-DF-STATE 717°391°6190 TDD OUT-OF-STATE T17-391-6191 WE6 SITE ADDRESS www.dot.state.pa.us £0 'd I 'ON Y,~d S,LSI1dI~9dS H(1'9d Wd £~;BD 69M ZD-OI-ddd COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v 01-2532 CRIMINAL TERM CHARGES: DUI DEANNA RAE STONE OTN: L103196-2 AFFIANT: PTL. FLOYD MORROW, JR. IN RE: SENTENCE ORDER OF COURT AND NOW, this 26th day of March, 2002, the Defendant, Deanna Rae Stone, now appearing in court for sentence with her privately retained counsel, Marlin L. Markley, Esquire, and having .previously entered a plea of guilty to Driving under the Influence, graded pursuant to an agreement of counsel as a misdemeanor of the second degree, a second offense overall and a second offense for mandatory sentencing purposes, and the Court being in receipt of a presentence investigation report upon which it relies, the sentence of the Court is that the Defendant pay the costs of prosecution, a fine of $300.00, a $200.00 CAT Fund surcharge, and a $10.00 Emergency Medical Services Fund assessment, and that she undergo imprisonment in the Cumberland County Prison for a period of not less than 30 days, nor more than 23 months. Prior to obtaining her Pennsylvania operating privileges the Defendant must pay all court imposed fines and costs and she must pay for and successfully complete an alcohol treatment program. Conditioned upon the Defendant's reporting to the prison at the time provided for hereinafter, upon her reporting without alcohol or unlawful controlled substances in her system, upon her being and remaining on good behavior while in prison, upon her being and remaining on good behavior thereafter, and upon her complying with all written directions of her parole officer, she shall be automatically paroled at the expiration of her minimum sentence of 30 days. Work release is authorized for the Defendant. Pursuant to the Defendant's request, commencement of service of the term of imprisonment provided for herein shall be on Wednesday, March 27, 2002, at 9:00 a.m. at which time she shall present herself to the Cumberland County Prison authorities without further order of court. Michael W. Mervine,, Esquire Assistant District Attorney Marlin L. Markley; Esquire 2108 Market Street Camp Hill, PA 17011 For the Defendant Probation ~ Sheriff CCP pcb By the Court, [~ -~ ~ d s'~ -7 .T l t ~ ~ i ~' .~ ~ ~ ^ ~ v a~, rr7 W ic<_ VI DEANNA RAE STONE, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. U~ -IP~'~ ~~c~`~~ l COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension -Chemical Test BUREAU OF DRIVER LICENSING, :Refusal Appellee (TRDF.R nF r(TT1RT AND NOW this ~ day of ~ 2002, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the ~ ~ ~ day of 2002 at ~ U a a.m.~ir .` in Courtroom No. -~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: .. ~~ ,~°; Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 ~ y o~, -Patrick F. Lauer, Jr, Esq, 2108 Market St., Camp II'd1, Pa 17011 C°D°'`'CO (`~Y)""V~ HINVAlA~~1N~d oG .Z did 't~ LdG Z© /`S~ DEANNA RAE STONE, Appellant v. COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LICENSE SUSPENSION APPEAL N0.02-1888 CIVIL TERM IN RE: APPELLANT'S LICENSE SUSPENSION APPEAL BEFORE OLER, J. ORDER OF COURT AND NOW, this 25th day of July, 2002, upon consideration of Appellant's license suspension appeal, and for the reasons stated in the accompanying opinion, the appeal is sustained to the extent that the portion of the Department of Transportation's April 11, 2002, notice requiring Appellant to equip her vehicles with ignition interlock systems, as a prerequisite to scheduled restoration of her driving privilege, is rescinded. BY THE COURT, iGeorge Kabusk, Esq. Timothy J. Prendergast, Certified Legal Intern Pennsylvania Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 ~ Attorney for Appellee Patrick F. Lauer, Jr., Esq. 2108 Market Street Aztec Building Camp Hill, PA 17011 Attorney for Appellant (J~ , . Wesley Oler~J ., J. C -.2~-02 R g ~° tliN~''Pi,IS'~P~13 ~~ •a ~ ~ DEANNA RAE STONE, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, . Appellee 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LICENSE SUSPENSION APPEAL NO. 02-1888 CIVIL TERM IN RE: APPELLANT'S LICENSE SUSPENSION APPEAL BEFORE OLER. J. OPINION and ORDER OF COURT OLER, J., July 25, 2002. In this appeal of an action taken by Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (hereinafter Department of Transportation or Appellee), Appellant requests that this court rescind that part of a license suspension notice that required, as a prerequisite to scheduled restoration of Appellant's driving privilege, that Appellant equip each of the vehicles owned by her with an ignition interlock system. For the reasons stated in this opinion, Appellant's appeal will be sustained. DISCUSSION The facts in the present case are not in dispute. In an underlying criminal case, Appellant, having pled guilty on February 19, 2002, to driving under the influence, was sentenced to pay the costs of prosecution and a fine, to undergo a term of imprisonment of thirty days to twenty-three months in the county prison, and, as a prerequisite to restoration of her driving privilege, to complete an alcohol treatment program.l The 1 Appellant's Appeal of License Suspension, filed Apr. 17, 2002, Ex B (Order of Ct., Mar. 26, 2002, Commonwealth v. Stone, No. 01-2532 Criminal Term (Pa. Ct. Com. Pl. Cumberland Mar. 26, 2002) (Oler, J.)). sentencing court did not include a requirement that Appellant install ignition interlock systems in her vehicles.Z Subsequent to this sentencing order, the Department of Transportation sent Appellant a suspension notice dated April 11, 2002, that detailed prerequisites to restoration of her driving privilege. In addition to the requirement in the sentencing order, the Department of Transportation also required, as a prerequisite to scheduled restoration, that Appellant install an approved ignition interlock system in each vehicle that she owned.3 The notice stated, in relevant part, as follows: 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 conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain suspended for an additional year.4 On April 11, 2002, Appellant filed a license suspension appeal from this aspect of the notices A hearing was held on Appellant's appeal on July 22, 2002. In Schneider v. Pennsylvania Department of Transportation, 790 A.2d 363 (Pa. Commw. Ct. 2002), the Commonwealth Court stated: Although [the appellant] had two DUI offenses and pursuant to Section 7002(b), the trial court was required to order installation of an ignition interlock device, that failure does not mean that PennDOT has been given authority to override the trial court's order and require installation. Section 7002 provides that only "the court shall order the installation on an approved ignition interlock device...." Because this provision gives a court the sole authority, PennDOT has no unilateral authority to impose ignition interlock device requirements if the trial court fails to do so. Id. at 366 (footnotes and citations omitted) (emphasis omitted). z Id. In Commonwealth v. Mockaitis, 50 Cumberland L.J. 184 (2001), a challenge to the constitutionality of the statutory ignition interlock system requirement was upheld by the Honorable Edgar B. Bayley of this court. AAppellant's Appeal of License Suspension, filed Apr. 17, 2002, Ex. A (notice from Department of Transportation to Appellant, dated Apr. 11, 2002). a Id. (notice from Department of Transportation to Appellant, dated Apr. 11, 2002). s Id. 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DNISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION N0.25231 RIVERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 X717) 787-2R3n DEANNA RAE STONE, } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } vs. COMMONWEALTH OF PENNSYLVANIA, } DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant • } NO. 02-1888 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 ofPennsylvania from the order that was filed in this matter on July 25, 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 DNISION 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)787-2R~n DEANNA RAE STONE, Appellee vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-1888 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 conformity 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. r , , TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center -Third Floor 1101 South Front Street Harrisburg Pennsylvania 17104-2516 (717)787-2830 PYS510 Cumberland County Prothonotary's Office Ci il C Pa e 1 g v ase Inquiry 2002-01888 STONE DEANNA RAE (vs) COMMONWEALTH OF PA DEPT OF TRA Reference No..: Case T e.....: APPEAL - Jud men Filed........: LICENSE SUSP Time 4/17/2002 Judge Assigned: ..,......: .00 Execution Date 3:51 0/00/0000 Disposed Desc.: Jury Trial.... ------------ Case Commen Dis osed Date. ts ------------- Hi 0/00/0000 g er Crt 1.: Higher Crt 2.: General Index Attorney Info STONE DEANNA RAE 1 EAST BEALE AVENUE APPELLANT LAUER PATRICK F JR ENOLA PA 17025 PENNSYLVANIA COMMONWWEALTH OF APPELLEE DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 * Date Entries ********************x~****,~****************************************************** FIRST ENTRY _ _ _ _ _ _ 4/17/2002 APPEAL FROM SUSPENSION OF DRIVERS LICENSE 4/24/2002 ORDER OF COURT - DATED 4/23/02 - IN APPEAL OF LICENSE SUSPENSION - - IT IS HEREBY ORDERED THAT A HEARING SHALL BE HELD REGARDING THIS MATTER ON 7/22/02 AT 3:00 PM IN CR 1 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED 4/24/02 7/25/2002 OPINION AND ORDER OF COURT - DATED 7/25/02 - IN RE APPELLANT'S LICENSE SUSPENSION APPEAL - THE APPEAL S SUSTAINED TO T E /EXTENT NOTICEHREQUIRING APPELI'ANTPTOTEQUIPOHERRVEHICOLESTW~THSIG~ATION INTERLOCK SYSTEMS AS A PREREQUESTITE TO SCHEDULED RESTORATION OF HER DRIVING PRIVILEGE IS RESCINDED - BY THE COURT J WESLEY OLER JR J COPIES MAILED 7/25/02 _ _ _ _ _ _ _ _ _ _ _ _ _ _ r T n m rew.m.-... *tF**ic*****tF*tF**~t**********~r*******~F Yt*******tF ir***********it**it*****Yt************tt* * Fees & Debits pEscrow In~~fppormation *****************~************B*~*B*****P~**s/Add******E*d*Ba******************* APPEAL LIC SUSP 35.00 35.00 .00 TAX ON APPEAL SETTLEMENT '50 .00 5.00 •50 JCP FEE 5.00 5.00 .00 5.00 .00 ----------------------- 45.50 45.50 .00 * End of Case Information TRUE COPY FROM RECORD In Testimony whereof, I here unto set. my hand and the seal of said Court at Carlisle, Pa. Thi ~ day o , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DNISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION N0.25231 RNERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717)787-2830 DEANNA RAE STONE, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION,. BUREAU OF DRNER LICENSING, Appellant NO. 02-1888 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 the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed as Follows: Judge J. Wesley Oler, Jr. Court Reporter Patrick F. Lauer, Jr., Esquire Cumberland County Courthouse Cumberland County Courthouse Att. for Appellee Stone 1 Courthouse Square 1 Courthouse Square 2108 Market Street Carlisle, PA 17013 Carlisle, PA 17013 Camp Hill, PA 17011 DANA M. B ESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: August 14, 2002 A" b G 3 3 Y (1 \ , ?U v,5 °~ W ~ ~ Q ~C 3 0 -~ O n ~~ o C n~ -zi :~ ..L l ".' 17"i f~r. C LL' C -n ~ ...,. -- L .T _ , m ` ~ ~~ r_t t ... ~ ~ - - Accordingly, the Commonwealth Court affirmed the trial court's order rescinding the ignition interlock system provision in the suspension notice issued to the appellant by the Department of Transportation. Id. On this issue, Schneider is indistinguishable from the present case and, accordingly, the same result must obtain herein. Appellant's appeal will be sustained, without prejudice to Appellee's right to pursue a challenge to this holding, as prescribed by Schneider, on appeal. For the foregoing reasons, the following order will be entered: ORDER OF COURT AND NOW, this 25th day of July, 2002, upon consideration of Appellant's license suspension appeal, and for the reasons stated in the accompanying opinion, the appeal is sustained to the extent that the portion of the Department of Transportation's April 11, 2002, notice requiring Appellant to equip her vehicles with ignition interlock systems, as a prerequisite to scheduled restoration of her driving privilege, is rescinded. BY THE COURT, /s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. George Kabusk, Esq. Timothy J. Prendergast, Certified Legal Intern Pennsylvania Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee Patrick F. Lauer, Jr., Esq. 2108 Market Street Aztec Building Camp Hill, PA 17011 Attorney for Appellant 3 DEANNA RAE STONE, IN THE COURT OF COMMON PLEAS OF APPELLEE CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING, APPELLANT NO. 02-1888 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. WESLEY OLER, JR., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on July 22, 2002, in Courtroom Number One. APPEARANCES: Patrick F. Lauer, Jr., Esquire For the Appellee George Kabusk, Esquire Timothy J. Prendergast, Certified Legal Intern For the Appellant M~'~uSN1V3d .ltNf1G'~ ~?~~,~l~siNft~ Z*~ : t End 12 J(l~ Z~ dl~1.C~Nti;~~.i~;e: ;;; fi .~0 3~~.-?~Kl~"11.~ 1 THE COURT: This is the time and place for 2 a hearing on an Appeal of License Suspension filed by 3 Deanna Rae Stone, 02-1888 Civil Term. We will let the 4 record indicate that the appellant's counsel, Patrick F. 5 Lauer, Jr., Esquire, is present in court, as are George 6 Kabusk, Esquire, and Timothy J. Prendergast, Certified 7 Legal Intern, on behalf of the Appellee, Commonwealth of 8 Pennsylvania, Department of Transportation. 9 Mr. Prendergast. 10 MR. PRENDERGAST: Judge,. by official notice 11 dated April 11th, 2002, the Department notified Ms. Deanna 12 R. Stone, 1 East Beale Avenue, Enola, PA, that by official 13 notice the suspension of her driving privileges is 14 authorized by Section 1532B of the Pennsylvania Vehicle 15 Code. This was a result of her February 19th, 2002, 16 conviction of violating Section 3731 of the Vehicle Code, 17 Driving under the Influence, on October 10th, 2001. lg The notice informed her that her driving 19 privilege was suspended for a period of 1 year effective 20 March 26, 2002. Furthermore, the notice informed 21 Ms. Stone that she would be required -- and this is on page 22 2 -- it required her to install an ignition interlock 23 device in order for her restoration requirements. The 24 Commonwealth would like to enter this into evidence as 25 Commonwealth Exhibit Number 1. 2 1 THE COURT: And we'll take a moment and 2 have the stenographer mark that packet of documents as 3 Commonwealth's Exhibit 1. 4 (Whereupon, Commonwealth's Exhibit Number 1 5 was marked for identification.) 6 THE COURT: Mr. Lauer, do you have any 7 objection to the admission of Commonwealth's Exhibit 1? $ MR. LAUER: No, Your Honor. 9 THE COURT: All right. Commonwealth's 10 Exhibit 1 is admitted. 11 (Whereupon, Commonwealth's Exhibit Number 1 12 was admitted.) 13 MR. PRENDERGAST: Commonwealth's Exhibit 1 14 consists of, Your Honor, subexhibit number 1, which is the 15 Official Notice of Suspension mailed April 11th, 2002. 16 Commonwealth's exhibit -- subexhibit number 2 is the Report 17 of the Cumberland County Clerk of Courts showing the 18 conviction -- showing the conviction on February 19th of 19 2002, and Commonwealth's subexhibit number 3 is the 20 Certified Driving History of Deanna R. Stone, and that's 21 it. 22 THE COURT: All right. Mr. Prendergast, 23 does the Commonwealth concede, for purposes of my decision, 24 that the facts set forth in the Appeal of License 25 Suspension, including the exhibits, are true and correct? 3 1 MR. PRENDERGAST: Yes. 2 THE COURT: All right. 3 MR. PRENDERGAST: Yes, Your Honor. 4 THE COURT: Mr. Lauer, was there anything 5 that you wish to present at this time? 6 MR. LAUER: No exhibits or testimony, Your 7 Honor. g THE COURT: All right. And I gather, Mr. 9 Lauer, you feel that this case is controlled by the 10 decision in Schneider versus The Commonwealth of 11 Pennsylvania, Department of Transportation? 12 MR. LAUER: That's correct, Your Honor, at 13 790 A.2d 363, a 2002 case decided January 11th. 14 THE COURT: All right. Mr. Prendergast, I 15 assume that you concede that the case may be on point, but 16 that -- you would note that it is on appeal to the 17 Pennsylvania Supreme Court? lg MR. PRENDERGAST: Yes, Your Honor. We would 19 only ask that in sustaining the appeal that it's only 20 towards the ignition interlock and that the suspension will 21 remain. That the appeal is to the suspension, and that 22 would be dismissed -- the one year suspension would still 23 be -- actually it would be a one year and four months 24 suspension would still be in effect, but we will not 25 contest the sustaining the appeal on the ignition interlock 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 device. THE COURT: Mr. Lauer, did your client get a notice that his suspension was being held in advance because of your appeal or are you not sure? MR. LAUER: Your Honor, the only issue that we were contesting, Judge, would have been the imposition of the interlock. That would have been the only issue. And our position would have been that that should not -- the suspension should not be held in fact pending the outcome of any other appeals. THE COURT: This is an issue that has come up on some of these cases in the past. The motorist apparently gets a notice from PennDOT that his license is being restored, at least during the pendency of the appeal, and I'm not sure how counsel are resolving these issues that's -- MR. LAUER: That's what we would be asking for, that it be restored in effect pending any further litigation by the Commonwealth. MR. PRENDERGAST: It is restored pending, Your Honor. THE COURT: It has been restored? MR. PRENDERGAST: Yes. THE COURT: Okay. I guess that's up to PennDOT, and the Appellant. Really the only aspect of the 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 action of PennDOT that you are challenging, Mr. Lauer, is the interlock system, not the one year suspension? MR. LAUER: That's correct. THE COURT: And your client may actually be in that one year suspension period. So she perhaps should not be driving, but evidently PennDOT has sent her notice that she may drive. MR. LAUER: That's one issue that we have to deal with currently at PennDOT, Judge. THE COURT: All right. MR. LAUER: Because if she's still under that one year, she shouldn't have them back. I know she just got out of jail so I know the one year isn't up yet. That's something we'll have to deal with. THE COURT: If there's nothing further, then court is adjourned. MR. LAUER: Thank you, Your Honor. (Whereupon, the proceedings concluded at 2:55 p.m.) 6 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. ~ ~.~ "~ / ~ ~,~ Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. u ~ G~ Dat J. esley O e Jr J,. i th Judicial District 7 e ,~ IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT DEANNA RAE STONE, Respondent v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Petitioner No. 248 MAL 2003 Petition for Allowance of Appeal from the Order of the Commonwealth Court at 1953 CD 2002, dated March 17, 2003, affirming the Order of the Court of Common Pleas of Cumberland County at No. 02-1888 dated July 25, 2002. :. ORDER PER CURIAM DECIDED: April 10, 2007 The Petition for Allowance of Appeal is hereby GRANTED and the Order of the Commonwealth Court is REVERSED. See McGrory v. Department of Transportation, Bureau of Driver Licensing, 915 A.2d 1155, {Pa. 2007). Mr. Justice Fitzgerald did not participate in the consideration or decision of this matter. JUDGMENT ENTERED: April 10 .2007 No~a K. Blynn, thief Clerk ~ ;E; ~, ~:•. ~~ ,;~`~'l~ r`~.i.l ~ ~~