HomeMy WebLinkAbout02-2167CECILIA M. MITCH, : IN THE COURT OF COMMON PLEAS OF
Appellant : CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING :
PETITION FOR APPEAL FROM IMPOSITION OF
IGNITION INTERLOCK REQUIREMENTS
1. Appellant herein is Cecilia M. Mitch, residing at and having a mailing address of: 111
Lincoln Street, Marysville, Pennsylvania 17053.
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 April 4, 2002, a copy of which is attached hereto as Exhibit
A, the Department of Transportation suspended Appellant's operating privileges as a result of her
conviction for DUI and sua snonte imposed ignition interlock requirements.
4. Imposition of ignition interlock requirements is unlawful in that it was done by
PennDOT without legal authority and in the absence of imposition of those requirements by this
Court.
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
authority to impose installation of an ignition interlock device, the decision of the trial court is
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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.
Respectfully Submitted,
Date:
Esquire
Attorney for Appellant
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court ID # 71786
ORR
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COMNONNEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date= APRIL Oq, 2002
CECILIA M MITCH
111 LINCON ST
MARYSVILLE PA 17053
WID # 020876102276881 001
PROCESSING DATE 03/28/2002
DRIVER LICENSE ! 19690764
DATE OF BIRTH 10/02/1962
LICENSE IN BUREAU
Dear NS. HITCH:
This is an Off~¢$a~ Not,ce of the Suapena~on of your Driving
Privilege as authorized by Section I552B of the PennsYlvania
Vehicle Code. As a result of your 02/I9/200Z conviction of
violating Section 575! of the Vehicle Code DRIVING UNDER
INFLUENCE on 06/50/200I:
Your dr~ving privilege is SUSPENDED ~or a per$od of 1
YEARiS) e~ectlve 03/19/2002 at 12:01 a.m.
NARNINGz If you are convicted of driving while your
license is suspended/revoked the penalties ~ill be a
MINIMUM of 90 days imprisoneent AND a $1,000 fine AND
your driving privilege Mill be suspended/revoked for
a MINIMUM 1 year pec~ud
Before PennDOT can restore your driving privilege, you must
follo~ the instructions in this letter for COMPLYING NITH
THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. You should ~o~o~ ALL ~natruct$ons very
carefully. Even ~ you have served aZ~ the t~me on the
suspension/revocation, ue cannot restore your dr~vSng prSv-
~ege unt~Z a~ the requirements are satisfied.
EXHIBIT
02087&Z0227~88!
COURT ORDER TREATNENT PROGRAN (ACT 122) .
Pursuant to Section ISqS(d) of the Vehicle Code, the Court
of CUNBERLAND CTY , Court Number 2530, Court Term 200! has
ordered you to attend a treatment program for alcohol or
drug addiction. As a result of the court Order, this
suspension/revocation shall remain in effect unti! the De-
partment is not~fied by the above Court that you have suc-
cessfully comoleted treatment and you are otherwise eligible
for restoration of Your driving nrivilege.
PAYING THE RESTORATION FEF '
You must pay a restoration fee to PennDOT to be restored
from a suspension/revocation of your driving privilege. To
oay your restoration fee, complete the following steps:
1. Return the enclosed Application for Restoration. The
amount due is listed on the application.
2. Nr~te your driver's license number (listed on the first
Page) on the check or money order to ensure proper
credit.
3. Follow the payment and mailing instructions on the back
of the application.
IGNITION INTERLOCK
Before your driving privilege can be restored you are re~
quired by law to have all vehicle(s) owned by you to be
equioped with an Ignition Interlock System. This ~s a result
of your conviction for Driving Under the Inf/uence. If you
fail to comply with this requirement, your driving privilege
will remain suspended for an additional year. You will re-
ceive more information regarding this requirement aporoxi-
mately 30 days before your eligibility date.
PROVIDING PROOF OF INSURANCE
Nithin the last $0 days of your suspension/revocation, Ne
will send You a letter askinD that you provide proof of in-
surance at that time. This letter will list acceptable
documents and what will be needed if you do not own a vehicle
registered in Pennsylvan/a.
Zmnortant: Please make sure that PennDOT is notified if you
move from Your current address. You may notify PennDOT of
your address change by calling any of the phone numbers
~1ste~ at the end of this letter.
020876102276881
APPEAL
You have the right to appeal this act/on to the Court of
Common Pleas (Civil Division) within $0 days of the mail
date, APRIL 0~, 2002, of this letter. Z~ you ~tle an appeal
in the County court, the Court wtll glve you a time-stamped
certl~ted co~y of the appeal. Zn order for your appeal to
be valid, you must send this time-stamped certified copy of
the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 1710q-2516
Remember, this is an OFF/CZAL NOTZCE OF SUSPENSZON.
Sincerely,
Rebecca L. Bickley, D/rector
Bureau of Driver Licensing
INFORNATIOH 7zQ0 a.m. to 9z00 p.m.
IN STATE 1-800-932-~&00 TDD IN STATE
OUT-OF-STATE 717-391-&190 TDD OUT-OF-STATE
WEB SITE ADDRESS www.dot.state.pa.us
1-800-228-0676
717-391-6191
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unswom falsification to authorities.
DATE: d///2~//~ ~
Cecilia M. Mitch, Petitioner
CECILIA M. MITCH, : IN THE COURT OF COMMON PLEAS OF
Appellant : CUMBERLAND COUNTY, PENNSYLVANIA
v. : No.: O~'" gll~,.~ Civil Term
COMMONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING :
ORDER OF COURT
AND NOW, this q~ day of 'q~o,~ ,2002, upon consideration of
Appellant's Petition for Appeal from Imposition of Ignition Interlock Requirements, it is hereby
that a hearing shall be held on the J~o$ day of ~,~ ,2002, at
ORDERED
t~'~DO o'clock ~. M in Courtroom Number ~L , Cumberland County Courthouse,
Carlisle, Pennsylvania.
Distribution:
Paul Bradford Orr, Esquire
The 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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, pENNSYLVANIA
CECILIA M. MITCH,
Appellant
:
:
U. :
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING, :
Appellee : NO. 02-2167 CIVIL TERM
QRDER OF COURT
AND NOW, this 22nd day of July, 2002, this matter
having come before the court on an appeal by Cecilia M. Mitch
from an order of license suspension following her conviction on
February 19, 2002, of driving under the influence, it is
ordered:
1. The one year suspension imposed by the Department
as a result of defendant's conviction for driving under the
influence, is sustained.
2. That portion of the suspension as applicable to
the ignition Interlock is reversed, that provision stating:
Before your driving privilege can be restored, you
are required by law to have all vehicles 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
privilege
fail to comply with thiSrr~nqU~'~~lng
will remain suspended fo By~
~dgar B. B~yley, J.
/George H. Kabusk, Esquire
For the Department of Transportation
/Paul B. Orr, Esquire
For cecilia M. Mitch
Sheriff
prs
CECILIA M. MITCH,
Appellant : 1N THE COURT OF COMMON PLEAs OF
v. : CUMBERLAND COUNTy, PENNSYLVANIA
· NO.~
COMMONWEALTH OF PENNSYLVANia: Civil Term
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING:
I hereby certify that on this date, I mailed a true copy of Petition for Appeal from
Imposition of Ignition/nterloek Requirements to the followin
by U.S. Mail, Certified mail .... g person at the following address
only: , ~,vstage prepaid, return receipt requested, delivered to addressee
Date:
Pennsylvania Department of Transportation
Office °fChiefConnsel
Th/rd Floor
Riverfront Office Center
Harrisburg, PA~~I 6
CECILIA M. MITCH,
Appellee
:
V. :
:
COM~ONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING, :
Appellant :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2167 CIVIL TERM
IN RE: LICENSE SUSPENSION
Proceedings held before the
HONORABLE EDGAR B. BAYLEY, J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
on July 22, 2002, at 2:35 p.m.
in Courtroom Number Two.
APPEARANCES:
GEORGE H. KABUSK, Esquire
For the Department of Transportation
PAUL B. ORR, Esquire
For the Defendant
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July 22, 2002, 2:35 p.m.
Carlisle, Pennsylvania
(Whereupon, the following proceedings
were held:)
THE COURT:
MR. KABUSK:
Which one is this?
This is cecilia M. Mitch, case
2002-2167.
THE COURT: Go ahead.
MR. KABUSK: Your Honor, may I have this
marked as commonwealth Exhibit 1, please.
(Whereupon, Commonwealth's Exhibit No. 1
was marked for identification.)
MR. KABUSK: What has been marked as
Commonwealth Exhibit i is a packet of documents under seal
and certification. I've provided a copy to Mr. Orr.
Sub-exhibit No. 1 is official notice of suspension dated
and mailed 4/4/2002, effective 3/19/2002.
That notice of suspension to Cecilia M.
Mitch informs her that her operating privilege was being
suspended for one year as a result of her 2/19/2002
conviction of violating Section 3731 of the vehicle Code,
driving under the influence, on 6/30/2001. Additionally,
that notice of suspension informed her of the requirement
for the Ignition Interlock.
Sub-exhibit 2 is report of the Clerk of
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Courts of Cumberland County convicted 2/19/2002, seal
attached to the original. Once again, I would direct the
Court's attention to sub-exhibit 2, block G, the box no is
checked regarding Act 63 Ignition Interlock required.
Sub-exhibit 3 is a driving record which
appears in the file of the defendant, Cecilia M. Mitch,
operator's number 19690764, date of birth 10/2/62 in the
Bureau of Driver Licensing, Harrisburg, Pennsylvania. I
move for the admission of what's been marked as
Commonwealth Exhibit No. 1.
THE COURT: Admitted. You rest?
MR. KABUSK: That is the Department's case,
Your Honor, yes.
MR. ORR: Thank you, Your Honor. Likewise,
as the case prior, we would also ask that you sustain our
appeal based on Schneider. I do not have the actual
sentencing order here for Ms. Mitch to admit as an exhibit,
but I would stipulate that the Clerk of Courts' record that
shows it was not ordered at least would be sufficient as
far as the Department is concerned. They have agreed that
it was not ordered under the sentencing order and would ask
you to sustain our appeal.
THE COURT: So stipulated. Enter the
following order.
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AND NOW, this 22nd day of July, 2002, this
matter having come before the court on an appeal by Cecilia
M. Mitch from an order of license suspension following her
conviction on February 29, 2002, of driving under the
influence, it is ordered:
1. The one year suspension imposed by the
Department as a result of defendant's conviction for
driving under the influence, is sustained.
2. That portion of the suspension as
applicable to the Ignition Interlock is reversed, that
provision stating:
Before your driving privilege can be
restored, you are required by law to have all vehicles
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...
MR. ORR: And, likewise, Your Honor, it's
for the sole purposes of the interlock.
THE COURT: It is the same order as the last
one. I have got an appeal. I am dismissing the appeal for
the one year suspension but reversing that section that
applies to the Ignition Interlock.
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(Whereupon, the proceedings were concluded
at 2:37 p.m.)
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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.
Pamela R. Sheaffer
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
Date
1N THE COMMONWEALTH COURT OF PENNSYLVANIA
Cecilia M. Mitch
Commonwealth of Pennsylvania,
Department of TranspOrtation,
Bureau of Driver Licensing,
Appellant
No. 1974 C.D. 2002
Submitted: Decembm 20, 2002
BEFORE:
HONORABLE ROCHELLE S. FRIEDMAN, Judge ~
HONORABLE BONNIE BRIGANCE LEADBETTER, Judge
HONORABLE CHARLES P. MIRARCHI, JR., Seni(br Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
SENIOR JUDGE MIRARCHI
FILED: Apri
The Department of Transportation, Bureau of
(Department) appeals from an order of the Court of Common Pk
County (trial court) which sustained the appeal of Cecilia M.
from the Department's requirement that she install m~ ignition in
all vehicles owned by her before her operating privilege could
4,2003
:iver Licensing
~s of Cumberland
Mitch (Licensee)
terlock device on
be restored. We
On February 12, 2002, Licensee was convicted of
3731 of the Vehicle Code, as amended, 75 Pa. C.S. §3731, for
influence on June 30, 2001. By notice dated April 4, 2002
informed Licensee that her operating privilege would be suspem
one year due to her February 12, 2002 conviction. The not
Licensee that her operating privilege would not be restored unl
she owned were equipped by an ignition interlock system.
violating Section
driving under the
the Department
sd for a period of
.ce also informed
il all vehicles that
?he notice further
informed Licensee-that if she failed to so equip all vehicles she owned, her
operating privilege would remain suspended for an additional year.
Licensee appealed to the trial court challenging the imposition of the
ignition interlock system. Following a de novo hearing, the trial court entered an
order sustaining Licensee's appeal. The Department now appeals to this Court. ~
On appeal, the Department argues that it has an independent mandate,
set forth in Section 7003 of the Judicial Code, 42 Pa. C.S. §7003,2 to impose an
ignition interlock requirement upon repeat DUI offenders where a court fails or
refuses to comply with the statutory mandate.
In Schneider v. Department of Transportation, Bureau of Drive,
Licensing, 790 A.2d 363 (Pa. Cmwlth. 2002), this Court rejected the Department's
argument that it had an independent mandate to impose an ignition interlock
requirement on repeat DUI offenders. The Court stated:
Section 7002 provides that only 'the court shall order the
installation of an approved ignition interlock device .... '
42 Pa. C.S. § 7002(b). (Emphasis added). 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. If the trial
1 Our scope of review is limited to determining whether the trial court's findings of fact
are supported by competent evidence, whether errors of law have been committed, or whether
the trial court's determination demonstrates a manifest abuse of discretion. Lihota v. Department
of Transportation, Bureau of Driver Licensing, 811 A.2d 1117 (Pa. Cmwlth. 2002).
2 Section 7003 sets forth various requirements for restoring the repeat DUI offender's
operating privilege: (1) the court's certification that an approved ignition interlock system has
been installed on each motor vehicle owned by a repeat DUI offender; (2) the requirement to
apply for an ignition interlock restricted license; (3) the ineligibility to apply for the restoration
of an operating privilege for an additional year upon failure to apply for an ignition interlock
restricted license; (4) the ineligibility to apply for an additional replacement license for one year
from the date of issuance of an ignition interlock restricted license; and (5) the prohibition to
operateany motor vehicle without an approved ignition interlock system.
2
court fails to impose this requirement in a criminal
proceeding, the district attorney can appeal the rial
court's failure to do so as it would if the trial court failed
to impose any other mandatory sentence.
Id. at 366-67.
Recently, in Watterson v. Department of Transport~
Driver Licensing, __ A.2d __ (Pa. Cmwlth. No. 1055 C.D. 2002,
2003), this Court considered the Department's argument that it
authority to impose the ignition interlock requirement under Sec
Judicial Code.3 The Court concluded
ttion, Bureau of
]led February 7,
had independent
:ion 7003 of the
Section 7003 provides:
In addition to any other requirements established for the reston
operating privileges under 75 Pa. C.S. § 1548 (relating to requirements
influence offenders):
(1) Where a person's operating privileges are suspended for a sec
violation of 75 Pa. C.S, § 3731 (relating to driving under influence of al,
substance), or a similar out-of-State offense, and the person seeks a resto
privileges, the court shall certify to the department that each motor vehicle o'
has been equipped with an approved ignition interlock system.
(2) A person seeking restoration of operating privileges shall apply tc
Ltion of a person's
for driving under
ond or subsequent
:ohol or controlled
ration of operating
a~ned by the person
the department for
an ignition interlock restricted license under 75 Pa. C.S. § 1951(d) (relating
and learner's permit) which will be clearly marked to restrict the person to o
vehicles equipped with an approved interlock ignition system.
(3) During the year immediately following restoration of the person's
and thereafter until the person obtains an unrestricted license, the person st
motor vehicle on a highway within this Commonwealth unless the motor
with an approved ignition interlock system.
(4) One year from the date of issuance of an ignition interlock rest
this section, if otherwise eligible, a person may apply for an additional replac.
75 Pa. C.S. § 195 l(d) that does not contain the ignition interlock system restri
(5) A person whose operating privilege is suspended for a second or
of 75 Pa. C.S. § 3731 or a similar out-of-State offense who does not a
interlock restricted license shall not be eligible to apply for the restoration of
for an additional year after otherwise being eligible for restoration under para
to driver's license
~erating °nly motor
operating privilege
.all not operate any
/ehicle is equipped
icted license under
~ment license under
ction.
ubsequent violation
dy for an ignition
?erating privileges
,q'aph (1).
3
The ignition interlock requirement may only be imposed
by an order of the court of common pleas, Schneider.
The Department lacks the power to act pursuant to
Section 7003 absent a court order issued pursuant to
Section 7002. The Department lacked the power to
impose the interlock requirement in this matter because
the court of common pleas never entered an order that
would allow it to act. The Department's requirement is
void ab initio.
Slip op. at 4-5.
Under the reasoning of Schneider and Watt.erson, the Department has
no independent mandate to impose installation of an ignition interlock device
where, as here, a trial court fails to do so. Accordingly, we affirm the order of the
trial court.
CHARLES P. MIRARCHI, JR., Seni~Ige
4
IN THE COMMONWEALTH COURT OF PENNsYLvANIA
Cecilia M. Mitch ~
Vo
Commonwealth of Pennsylvania,
Department of Transportation,
Bureau of Driver Licensing,
Appellant
No. 1974 C.D. 2002
ORDER
AND NOW, this 4th day of April, 2003, the order of the Court of
Common Pleas of Cumberland County is hereby affirmed.
ARLES P. MIRARCHI, Jl" Seni~I/~ge
! Cerlifiefl ~rom the Record
APR 0 4t 2003
and Order Exit