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Home My WebLink About02-2018SHARON L. MYERS, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. : No.:c~c.~_ o~~ [~ CivilTerm ; COMMONWEALTH OF pENNSYLVANIA: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING : PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS 1. Appellant herein is Sharon L. Myers, residing at and having a mailing address of: 31 Buttonwood Lane, 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 February 27, 2002, a copy of which is attached hereto as Exhibit A, the Department of Transportation sua sponte imposed ignition interlock requirements before Appellant's operating privileges could be restored. The effective of suspension was March 29, 2002 and Appellant appeals hereto from that date. 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. 5. On January 11, 2002, the Honorable Judge Pellegrini in the Commonwealth Court of Pennsylvania, held that "because the trial court has jurisdiction over driver license suspension appeals and because the plain language of the Act does not permit PennDOT to have independent Page 1 of 2 authority to impose installation of an ignition interlock device, the decision of the trial court is affirmed." Schneider v. Commonwealth, 790 A.2d 363 (Pa. Commonwealth 2002). WHEREFORE, Appellant respectfully requests that this matter be set down for a hearing and that the imposition of ignition interlock requirements imposed on Appellant by PennDOT be set aside. Date: Respectfully Submitted, THE ~ O~ICES Ol Paul Bradford O: ~~U~FORD Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 ORR Page 2 of 2 COHNONWEALTH'OF PENNSYLVANZA DEPARTNENT OF TRANSPORTATXON BUREAU OF DRXVER LICENSZNG HARRISBURG, PA 17125 02/27/02 ION*:~L #YERS LANE PA 1.7015 DRZVER'S LZCENSE NUNBER; 17&275&l BZRTH DATEs 06/15/56 ELZGXBZLZTY DATEI 05/29/02 RS ~ 'S_ LETTER. Zt ll~t~ what YOU ........... restore?your driving privilege. PLEASE BE AWARE THAT DOES NOT AUTHORZZE YOU TO DRIVE. You will be notified lant,gf~Transportation (PennDOT) that your driving restored. 0n1¥ after that may you drive. ts listed above. This is the date you ara eligible · ortvilege restored, provided no other violations your driving record. This data is effective :her'dates listed within this letter. :he following information carefully and be sure to qulr4,ants to have your drlving privilege restored. :he~addP~ss is indicated, return any documents and/or ADDRESS listed at the end of this letter. rNSURANCE lays of your ELXG~B~L~TY DATE, provide a copy of one of ,owing to PENNDOT to show that all motor vehicles currently in Pennsylvania in your name are insuredI s~ran;.~ ~D card ~ page of your insurance policy ~at~on of insurance to the PA Auto Znsurance Plan :~o~at own*a motor vehicle currently registered in Pennsylvania, ~d stete~ent of this fact to PENNDOT which reads w! do yeh~cles currently registered in PennsylvaniaW. ~,name, address, driver's license number and date ~TZON suspension/revocation that began (or 02/~/01. Credit for serving this suspension/revoca- wii~begin) on 05/29/01 and will end on 05/29/02. ~sion/revocation resulted from a violation on 06/20/00 D~ZVZNG UNDER XNFLUENCE NO, : 17&275&1 *INTERLOCg- al~ed'~tO~have an approved Xgnition Xnterlock System'' in. slX..of~¥our vehicle(s). Approximately $0 days before XBXLXTY DATE, you should contact one of the folXowing irs listed below to sake arrangements to have the Xnstallltion Services - 1-800-452-1739 ltv Tachnology, Inc. - 1-877-777-5020 :nc. (serving Eastern PA) - 1-866-342-4984 (serving Central/gestern PA) - 1-888-565-6227 rstems - 1-800-499-0994 ........... , ........... :erlock, Xnc. 1-800-385-8666 g~ovAde the vendor the following court Information stlm;~an bo installed. COURT NUHBER COURT TERN CTY 02019 2000 in a copy of this /otter to assist you in this process. · n t tO Arista11 the Xgnition XnterXock System'ln'your raving privilege will remain suspended for an yesr. :,LXCENSE hl¥l YOUr driving privilege restored you must apply for ~ntarXock XAceflse. An Xgnition Xnterlock license entitles Only yehAcles e~uipped with an Xgnttion Interlock System. t, appX; n $0 days BEFORE your eXAgAbAIAty date. lsod for your convenieRca, the requirements necessary to restore your are look/ag forward to working with you to do ir address was indicated, return any documents and/or ES~Xisted beXow. Phone numbers ara provided Tg e~suro prompt customer service, pXease write your listed at the beginning of this letter, on all sand to,PENNDOT. Thank you. ~R, your ELIGiBiLITY DATE is 03/29/02. 17627361 Or~ver L~cens~ng ~06-8695 ZNFORHATZON'~ (7:00 AH to 9:00 PM) ZN STATE ' ~1'800m952'4600 OUT-OF-STATE 717-391-&190 TDD XN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 NO, : 17627361 XGNXTXON XNTERLOCK LICENSE APPLXCATXON ' an Ignition Interlock X/cerise, please sign below Page with a check or money order to the address indicate that your driver's license will expire 6 months. Xf you would like to renew at this he. Ok.or money order payable to PENNDOT in the do not wish to renew at this t/me submit a check or Ir' the amount of $9.00 to receive your Ignition. ~se. You will receive an invitation to renew at LXCESNE*~NU#BER - 17627361 SHARON L MYERS 31 BUTTONWOOD LANE CARLXSLE PA 17013 TELEPHONE NO: sa has changed~ please print the correct address here: rse ,~to install an Ignition Interlock System, you do ~ppXY f~r in Xgnition Xnterlock License. iver Licensing ;,~ PA 17106-8693 VERIFICATION I verify that I am the petitioner and that the statemems 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 unsworn falsification to authorities. DATE: Sharon Myers, Petitioner SHARON L. MYERS, Appellant COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : · No.: Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a true 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: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 PAUL BRADFORD ORR, ESQUIRE SHARON L. MYERS, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: dY,~ ~/o~ Civil Term : COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING : ORDER OF COURT AND NOW, this ?_~ ay of t~ ~ c, ,2002, upon consideration of ! Appellant's Appeal, a hearing shall be held on the ~(7,6 day of ~ ,2002, at 6/ v ,'~;~O o'clock ~M in Courtroom Number [ , Cumberland County Courthouse, Carlisle, Pennsylvania. Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 BY THE COURT: SHARON L. MYERS, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2018 CIVIL TERM IN RE: APPELLANT'S APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS BEFORE OLER~ J. ORDER OF COURT AND NOW, this 29th day of July, 2002, upon consideration of Appellant's Appeal from Imposition of Ignition Interlock Requirements, 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 February 27, 2002, notice requiring Appellant to equip her vehicles with ignition interlock systems, as a prerequisite to scheduled restoration of her driving privilege, is rescinded. George Kabusk, Esq. Pennsylvania Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Appellee Paul Bradford Orr, Esq. Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Attorney for Appellant ~ 7.2 SHARON L. MYERS, : 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 NO. 02-2018 CIVIL TERM IN RE: APPELLANT'S APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., July 29, 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 restoration requirements 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 January 2, 2001, to driving under the influence, was sentenced to pay the costs of prosecution and a fine, to undergo a tei-ii~ 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.~ The 1 Pet'r Ex. 1, Hr'g, Jul. 27, 2002 (Order of Ct., Feb. 27, 2001, Commonwealth v. Myers, No. 00- 2019 Criminal Term (Pa. Ct. Com. Pl. Cumberland Feb. 27, 2001) (Oler, J.)). sentencing court did not include a requirement that Appellant install ignition interlock systems in her vehicles.2 Subsequent to this sentencing order, the Department of Transportation sent Appellant a restoration requirements letter dated February 27, 2002, that detailed prerequisites to restoration of her driving privilege. The Department of Transportation 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: You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the System installed. - Interlock Installation Services - 1-800-452-1739 - Consumer Safety Technology, Inc. - 1-877-777-5020 - National Interlock, Inc. (serving Eastern PA) - 1-866-342-4984 - American Court Services (serving Central/Western PA) - 1-888-565-6227 - Guardian Interlock Systems - 1-800-499-0994 - Draeger Interlock, Inc. - 1-800-385-8666 You will need to provide the vendor with the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 02019 2000 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year.4 On April 25, 2002, Appellant filed a Petition for Appeal from Imposition of Ignition Interlock Requirement.5 A hearing was held on Appellant's appeal on July 29, 2002. 2 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. 3Appellant's Pet. for Appeal from Imposition of Ignition Interlock Requirements, filed Apr. 25, 2002, Ex. A (notice from Department of Transportation to Appellant, dated Feb. 27, 2002). 4 Id. (notice from Department of Transportation to Appellant, dated Feb. 27, 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). 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 29th day of July, 2002, upon consideration of Appellant's Appeal From Imposition of Ignition Interlock Requirements, 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 February 27, 2002, notice requiring Appellant to equip her vehicles with ignition interlock systems, as a prerequisite to scheduled restoration of her driving privilege, is rescinded. 5/d. BY THE COURT, George Kabusk, Esq. Pennsylvania Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee Paul Bradford Orr, Esq. Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Attorney for Appellant /s/J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. WHEREFORE, petitioner respectfully requests this HONORABLE COURT to order respondent to reinstate petitioner's driving privilege pending respondent's appeal of the matter to the Commonwealth Court. Date:~l~(~ Paul Bradford Attorney for 1~ ~tioner 50 East High itreet Carlisle, PA 17013 (717) 258-8558 Supreme Court ID# 71786 .ATTORNEY VERIFICATION I verify that the statements made in the foregoing document are true and correct. Some of the information may be known to me, but not to my client. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ~'~ /(~ L(IMMIINHIAI. IH ()1 I'IiNN%YLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing M~tl Date: MARCH tS, ~00i SHARON L MYERS 51 BUTTONWOOD LANE CARLISLE PA 170L3 WID ! 010676114191002 001 PROCESSING DATE 03/08/2001 DRIVER LICENSE ! 17627361 DATE OF BIRTH 06/15/1956 LICENSE XN BUREAU I)-~r MS. MYERS: This is an Offlctal Notice o4 the Suspension of your Driving Privilege as authorized by Section XS$2B of the Pennsylvania Vehicle Code. A~ a result of your O[/O2/ZOO~ conviction of violntinq Section 575! of the Vehicle Code DR]V~NG UNDER INFLUENCE on O&/20/?O00: As a rest, It of your conviction for driving under the Jnf{u- ~n~:e, you ~re required by law to hove a]~ veh{c[e(s) owned hV VOtl entltPped ~tth an approved ignition interlock system h~fore your dr~vJng privilege can be restored, if you fat! to comply with this requirement, your driving Privilege wi[1 remain ~[~spended for an addlt~ona! year. You ~t~! receive more information regarding th~s requirement approxtmate!y ~0 d~ys before your e]jgibiJty date. Yo~r driving pr]vilege is SUSPENDED for Y£AR¢S~ effectXve 0~/~7~200! at X~:O! e.m. WARNING: If you are convicted for dr~ving while your license is sus;ended, the penalties ~i!! be: a MINIMUM of 90 days imprisonment AND a 1,O00 fine AND your license will be suspended for I year. flefore PennDOT can restore your driving privilege, you must fo]iow the instructions tn this letter for COMPLYING ~[TH THIS SUSPENR~ON, PAYING THE RESTORATION FEE and PROVIDING PR~¢)F OF INSURANCE. You should foZZo~ ALL instructions vmry carefully. Even 14 you have served a11 the tXme on the ~u~penston/revocatlon, we cannot restore your drtvlflg prtv- ~Xege unit! a[[ the requXrements are satisfied. 0106~611~191002 Additionally, the Court of CUNBERLAND CTY, Court Number 02019, Co~rt Term 2000 has sentenced You to serve a Prison term for this violation. Pursuant to Section [Sql(a.]) of the Vehicle Code, you wi1! not receive credit for this ~uspension/revocation or any additional suspension/revocation until .;au complete your pr/son term. The Court must certify your ,,omPletlon to PennDOT. You may ~ish to contact your probation officer and/or the Court af- ter your release to make sure that PennDOT is properly no- tified. Additionally, Pursuant to Section lSaa(d) of the Vehicle Code, the Court of CUNBERLAND CTY , Court Number O201g, Court Term 2000 has ordered you to attend a treatlent pro- qram for alcohol or drug addiction. As a result of the court order, this suspension/revocation shall remain In effect ~mti! the Department is notified by theabove Court that you h~v~ tUcce~sfu]]¥ completed treatment and You are otherwise ~]lgible for restoration of your driving PriVilege. PAYING THE RESTORATION 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: ]. Return the enclosed Application for Restoration. The amount due is listed on the application. 2, Hrlte your driver,s license number (listed on the first Page) on the check or money order to ensure credit, proper Follo~ the payment and mailing instructions on the back of the application. PROVIDXNG PROOF OF ~tthin the last $0 days of your suspension, ~e ~ill send you a letter asking that you provide proof of insurance at that time. This letter ~lll list acceptable documents and ~hat ~111 be needed if you do not o~n a vehicle registered in Pennsylvanla. Zmportant: PSease 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 ~etter. 01067611q191002 APpEAk You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mall date, MARCH 15, 2001, of th/s letter. Zf yOU file on appeal In tho County Court, the Co ,rt w1~1 give you · time-cramped certl~ted copy of the appla In order for Your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Off]ce of Chief Counse! Th]rd Floor, R]verfront Office Center Harrisburg, PA 17104-2516 Remember, th~s is an OFFZCZAL NOTZCE OF SUSFENSZON. Sincerely, Rebecca L. Btckley, D/rector Bureau of Driver Licensing INFORHAT/ON 7tO0 a,m. to 9:00 ]N STATE 1-800-932-4600 TDD XN STATE OUT-OF-STATE 717-391-&]90 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0&76 717-$9]-&191 COHHONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17125 02/27/02 SHARON L MYERS 51 BUTTONWOOD LANE CARLISLE PA 17015 DRIVER'S LICENSE NUMBERs 17&2736! BIRTH DATE: 06/15/56 ELIGIBILITY DATE~ 05/29/02 Dear MS. MYERS This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE ANARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the NAILING ADDRESS listed at the end of this letter. PROOF OF INSURANCE -Within $0 days of your ELIGIBILITY DATE, provide a copy of one of the following to PENNDOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: ~Insurance ID card ~Declaration page of your insurance policy ~Insurance Binder ~An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. TERM SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or will beg/n) on 02/27/01. Credit for serving this suspension/revoca- tion began (or will beg/n) on 05/29/01 and will end on 05/29/02. The suspension/revocation resulted from a violation on 06/20/00 of Section $731, DRIVING UNDER INFLUENCE LICENSE NO. : 17&275&1 IGNITION INTERLOCK You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the System installed. -Interlock Installation Services - 1-B00-~52-1739 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. (serving Eastern PA) - 1-8&6-3~2-498~ -American Court Services (serving Central/Nestern PA) - 1-888-565-6227 -Guard/an Interlock Systems - I-B00-~99-099~ -Draeger Interlock, Inc. - 1-800-385-8666 You will need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUNBER COURT TERN CUNBERLAND CTY 02019 2000 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year. IGNITION INTERLOCK LICENSE -In order to have your driving privilege restored you must apply for an Ignition Interlock license. An Ignition Interlock license entitles you to drive only vehicles equipped with an Ignition Interlock System. You may make application 30 days BEFORE your eligibility date. An application is enclosed for your convenience. This letter identifi'c~d-.the. . requirements necessary to restore your driving pr/vile'ge and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the HAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank you. P.S. REHEHBER, your ELIGIBILITY DATE is 0S/29/02. LICENSE NO. ~ 176275&1 NAILING ADDRESS= PENNDOT Bureau of Driver Licensing P.O. Box 68&95 Harrisburg, PA 17106-8693 INFORNATION (7:00 AN to 9500 PN) IN STATE 1-800-932-~600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-&191 3 LICENSE NO. : 17627561 IGNITION INTERLOCK LICENSE APPLICATION To apply for an Ignition Interlock license, please sign below and submit this page w/th a check or money order to the address listed below. Our records indicate that your driver's license will expire within the next 6 months. If you would like to renew at this time, make your check or money order payable to PENNDOT in the amount of $2q.00. If you do not wish to renew at this time submit a check or money order in the amount of $9.00 to receive your Ignition Interlock License. You wi11 receive an invitation to renew at a later date. DRIVER'S LICESNE NUMBER - 17627561 SHARON L MYERS $1 BUTTONNOOD LANE CARLISLE PA 17015 SIGNATURE. TELEPHONE NO= If your address has changed, pZease print the correct address here: If you choose not to install an Ignition Interlock System, you do not have to apply for an Ignition Interlock License. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box &8693 Harrisburg, PA 17106-8&93 SHARON L~ MYERS, Appellant Vo COMMONWEALTH OF : PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, BUREAU: OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2018 CIVIL TERM IN RE: APPELLANT'S APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS BEFORE OLER, J. ORDER OF COURT AND NOW, this 29th day of July, 2002, upon consideration of Appellant's Appeal from Imposition of Ignition Interlock Requirements, 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 February 27, 2002, notice requiring Appellant to equip her vehicles with ignition interlock systems, as a prerequisite to scheduled restoration of her driving privilege, is rescinded. George Kabusk, Esq. Pennsylvania Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Appellee BY THE COURT, f~'sl~y Oler~r.~ J. ' t~ . 5P~l Bradford Orr, Esq. Offices of Paul Bradford Orr ast High Street Carlisle, PA 17013 Attorney for Appellant Prothonr~ar¢ · ' SHARON L. MYERS, Appellant COMMONWEALTH OF : PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, BUREAU: OF DRIVER LICENSING, : Appellee : IN THE COURT,OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2018 CIVIL TERM IN RE: APPELLANT'S APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., July 29, 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 restoration requirements 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 January 2, 2001, 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.~ The I Pet'r Ex. 1, Hr'g, Jul. 27, 2002 (Order of Ct., Feb. 27, 2001, Commonwealth v. Myers, No. 00- 2019 Criminal Term (Pa. Ct. Com. Pl. Cumberland Feb. 27, 2001) (Oler, J.)). sentencing court did not include a requirement that Appellant install ignition interlock systems in her vehicles.2 Subsequent to this sentencing order, the Department of Transportation sent Appellant a restoration requirements letter dated February 27, 2002, that detailed prerequisites to restoration of her driving privilege. The Department of Transportation 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: You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the System installed. - Interlock Installation Services - 1-800-452-1739 - Consumer Safety Technology, Inc. - 1-877-777-5020 - National Interlock, Inc. (serving Eastern PA) - 1-866-342-4984 - American Court Services (serving Central/Western PA) - 1-888-565-6227 - Guardian Interlock Systems - 1-800-499-0994 - Draeger Interlock, Inc. - 1-800-385-8666 You will need to provide the vendor with the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 02019 2000 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year.4 On April 25, 2002, Appellant filed a Petition for Appeal from Imposition of Ignition Interlock Requirement.5 A hearing was held on Appellant's appeal on July 29, 2002. 2 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. 3Appellant's Pet. for Appeal from Imposition of Ignition Interlock Requirements, filed Apr. 25, 2002, Ex. A (notice from Department of Transportation to Appellant, dated Feb. 27, 2002). 4/d. (notice from Department of Transportation to Appellant, dated Feb. 27, 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). 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 29th day of July, 2002, upon consideration of Appellant's Appeal From Imposition of Ignition Interlock Requirements, 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 February 27, 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, George Kabusk, Esq. Pennsylvania Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee Paul Bradford Orr, Esq. Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Attorney for Appellant /s/J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. SHARON L. MYERS, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : :CIVIL ACTION - I..~_W : : :02-2018 CIVIL TERM TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. WESLEY OLER, JR., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on July 29, 2002, in Courtroom Number 1. APPEARANCES: Paul B. Orr, Esquire For the Appellant George H. Kabusk, Esquire For the Appellee INDEX TO EXHIBITS FOR THE COMMONWEALTH 1 - Packet MARKED 3 ADMITTED 4 FOR THE PETITIONER 1 - Order of Court 1 July 29, 2002 Carlisle, Pennsylvania 2 (The following proceedings were held at 9:37 a.m.) 3 (Commonwealth Exhibit No. 1 marked for 4 identification.) 5 THE COURT: This is the time and place for a 6 hearing in the case of Myers versus Commonwealth of 7 Pennsylvania, Department of Transportation, Bureau of Driver 8 Licensing at No. 02-2018 Civil Term. This is an appeal from 9 license suspension, and more exactly, it is an appeal 10 requesting the recision of the ignition interlock requirement 11 on a notice of license suspension. We will let the record 12 indicate that the appellant is present in court with her 13 counsel, Paul B. Orr, Esquire; the Commonwealth is represented 14 today by George H. Kabusk, Esquire. Mr. Kabusk. 15 MR. KABUSK: Good morning, Your Honor. What has 16 been marked as Commonwealth Exhibit 1 is a packet of documents 17 under seal and certification, I provided a copy to Mr. Orr. 18 The first one is an official notice of suspension dated and 19 mailed 3/15/01, effective 2/27/01. 20 That notice of suspension to Sharon L. Myers 21 notifies her that her driving privilege was going to be 22 suspended for a period of 1 year as the result of her 1/2/2001 23 conviction of violating Section 3731 of the Vehicle Code 24 relating to driving under the influence on 6/20/2000. 25 Additionally, it informed her of the requirement 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 to have all vehicles owned by her equipped with an approved ignition interlock system before her driving privilege could be restored. Sub-exhibit 2 is a report of the Clerk of Courts of Cumberland County convicted 1/2/01, seal attached to the original. I will draw your attention to Sub-exhibit No. 2 under block G, Act 63 Ignition Interlock required, block no is checked. Sub-exhibit No. 3, Driving Record, which appears in the file of the Defendant, Sharon L. Myers, Operator No. 17627361, date of birth 6/15/56, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. I move for the admission of what has been marked as Commonwealth Exhibit No. 1. THE COURT: Mr. Orr. MR. ORR: No objection, Your Honor. THE COURT: Commonwealth Exhibit 1 is admitted. Do we have a copy of the Order of Court? MR. ORR: Yes, I do, Your Honor. THE COURT: Did you want to have that marked as an exhibit? MR. ORR: We would request to have this marked as Petitioner's Exhibit No. 1. THE COURT: Okay. (Petitioner's Exhibit No. 1 marked for identification.) MR. ORR: What I have had marked as Petitioner's 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 Exhibit 1 is an Order of Court dated 2 February of 2001, signed by Your Honor whereby there was no ignition interlock requirement imposed on the petitioner, and I would ask to have that admitted. THE COURT: MR. KABUSK: THE COURT: Mr. Kabusk. No objection, Your Honor. Petitioner's Exhibit 1 is admitted. Mr. Kabusk, for purposes of the opinion that I need to write on this case, are you able to concede that the allegations of fact contained in the petition for appeal are true and correct? MR. KABUSK: Yes, Your Honor. THE COURT: Mr. Orr, I gather you are relying on the case of Schneider versus Commonwealth of Pennsylvania, Department of Transportation, 790 A.2d, 363 (Pennsylvania Commonwealth Court 2002). MR. ORR: Yes, I am, Your Honor, I believe we have that in provision 5 of our petition. THE COURT: Mr. Kabusk, has there been any further development as far as you know with respect to the Schneider case, other than that it is on appeal to the Supreme Court? MR. KABUSK: That is the latest, Your Honor. THE COURT: Okay. Is there anything else that either counsel wish to present? MR. ORR: Your Honor, we would like to request in 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 the order that Sharon have her license restored. She did, in fact, do her year, and I think we filed our appeal from her restoration letter requirement that she received after doing her one-year suspension. She has already done approximately a year and 4 months on the initial conviction. THE COURT: Mr. Kabusk, if I do an order rescinding the portion of the notice dealing with the interlock system, will that result in restoration of her privileges? MR. KABUSK: requirements, Your Honor. Providing she meets the other I believe she has to renew her license, pay the restoration fee. It is my understanding she has already paid that, and she would need to provide proof of financial responsibility. As long as she met the other requirements, Your Honor, is what I am saying. THE COURT: All right. I would propose entering an order after the hearing which would simply rescind that portion of the notice. MR. ORR: THE COURT: MR. KABUSK: That is fine, Your Honor. Ail right, thank you. Thank you, Your Honor. THE COURT: Court is adjourned. 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. Patricia ~C. ~B~arrett- Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Wesley O~, ' SHARON L. MYERS, Petitioner Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2018 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of September, 2002, upon consideration of Petitioner's Motion To Vacate the Stay of the Department Pending Commonwealth Court Appeal, a Rule is hereby issued upon Respondent to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. JPaul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Petitioner BY THE COURT, A ,/George Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc Sharon L. Myers, Petitioner Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 02-2018 CIVIL CIVIL ACTION - LAW MOTION TO MAKE TIlE RULE ABSOLUTE, AND NOW comes petitioner, Sharon L. Myers, by and through her attorneys, THE LAW OFFICES OF PAUL BRADFORD ORR, Paul Bradford Orr, Esquire, requesting this HONORABLE COURT to order respondent to reinstate her privilege to operate a motor vehicle in the Commonwealth of Pennsylvania and respectfully avers the following: 1. Respondent (PennDOT) ordered petitioner (Ms. Myers) to install ignition interlock devices on all vehicles owned by her as a result of Ms. Myers' DUI conviction. 2. On April 25, 2002, Ms. Myers appealed PennDOT's ignition interlock requirement to this Court. 3. By order dated July 29, 2002, this Court sustained Ms. Myers' April 25th appeal. 4. PennDOT filed a timely appeal of this Court's July 29~ order to the Commonwealth Court of Pennsylvania and did not reinstate Ms. Myers' driving privileges. 5. On August 29, 2002, Ms. Myers filed a motion in this Court requesting this Court to order PennDOT to reinstate her driving privileges pending PennDOT's appeal in the Commonwealth Court. 6. On September 5, 2002, this Court issued an order upon PennDOT to show cause why the relief Ms. Myers requested in her August 29th motion should not be granted. PennDOT was to respond to this order within 20 days of service of the order. 7. As of October 10, 2002, PennDOT has not shown cause as to why Ms. Myers is not entitled to the relief sought in her August 29th motion. 8. As of October 10, 2002, PennDOT has not reinstated Ms. Myers' driving privileges. WHEREFORE, petitioner respectfully requests this HONORABLE COURT to make the rule of September 5, 2002, absolute and to order respondent to reinstate her driving privileges immediately pending respondent's appeal before the Commonwealth Court. Respectfully Submitted, THE LAW Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID# 71786 Sharon L. Myers, Petitioner Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 02-2018 CIVIL CIVIL ACTION - LAW ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for Petitioner; 2. He is authorized to make this verification on Petitioner's behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are tree and correct to the best of his knowledge, information, and belief; and 5. He is 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, By: ~~ ~~, FFICES OF PA FORD F ul Bradford OVrr, Esquire- 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Petitioner Supreme Court ID# 71786 ORR Sharon L. Myers, Petitioner V. Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondem IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 02-2018 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a true copy of the Motion to Make Rule Absolute for the above captioned matter to the following person at the following address by U.S. Mail,%aertif-md~l, postage prepaid, return receipt requested, delivered to addressee only: Date: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Rivet'fi om Office Cemer Paul Bradford Orr, Es~ uire Attorney for Petitioner Sharon L. Myers, Petitioner Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY O2-2O 18 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this l~,~day of ~t~., 2002, the Court Order of September 5, 2002, requesting Respondent to respond within 20 days of service is made absolute and et~tloner s request that Respondent reinstate Petitioner's driving privileges immediately pending Respondent's appeal before the Commonwealth Court is hereby GRANTED. Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 BY THE COURT: J Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfi-ont Office Center Harrisburg, PA 17104-2516