HomeMy WebLinkAbout02-2216KEVIN P. CASSIDY, : IN THE COURT OF COMMON PLEAS OF
Appellant, : CUMBERLAND COUNTY, PENNSYLVANIA
VS. :
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING :
Appellee :
No. 02 -~'" CIVIL TERM
PETITION FOR APPEAL FROM IMPOSITION OF
IGNITION INTERLOCK REQUIREMENTS
1. Appellant herein is Kevin P. Cassidy, residing at and having a mailing
address of: 266 S. Hanover Street, Apartment 10, Carlisle, PA 17013.
2. Appellee herein is the Department of Transportation of the
Commonwealth of Pennsylvania, having a mailing address of: Department of
Transportation, Bureau of Ddver Licensing, Harrisburg, Pennsylvania 17123.
3. By letter or notice dated April 11, 2002, a copy of which is attached
hereto as Exhibit A, the Department of Transportation suspended Appellant's operating
privileges as a result of his/her conviction for DUI and sua sponte imposed ignition
interlock requirements.
4. Imposition of ignition interlock requirements is unlawful in that it was
done by PennDOT without legal authority and in the absence of imposition of those
requirements by this Court.
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
Resp,~ectfully Submitted bY,
Ron Turn, Esquire
Turo Law Offices
28 South Pitt St.
Carlisle, PA 17013
(717) 245-9688
CONNONNEALTH OF PENNSYLVANIA
DEPARTNENT OF TRANSPORTATION
Bureau of Driver Licensing
Hat1 Date: APRIL 11, 2002
K£VIN PAUL CASSIDY
136 W HIGH ST
CARLISLE PA 170~3
~ID ~ 020Rq6102278R32 001
PROCESSING DATE 04/04/2002
DRIVER LICENSE ~ 16215274
DATE OF BIRTH 11/15/1953
LICENSE IN BUREAU
Dear HR. CASSIDY=
This is an Offl¢lal Nottce~f the 8uepenelon of your Driving
Privilege as authorized by Section 155ZB of the Pennsylvania
Vehicle Code. As a result of your 02/12/2002 conviction of
vi.elating Section $751 of* the Vehicle Code DRIVING UNDER
INFLUENCE on 0&/09/2001:
Your driving privilege ts SUSPENDED for a period of 1
YEAR(S) effective 03/26/2002 at 12:01 a.m.
NARNING: If you are convicted of drlvtng while your I
ltcense is suspended/revoked the penalties w111 be a I
NININUN of 90 days imprisonment AND a ~1,000 fine AND i
your driving privilege wtll be suspended/revoked for I
Eefore PennDOT can restore your driving privilege, you must
follo~ the Instructions tn this letter for CONPLYING NITH
THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. You should follow ALL lnetruotlene very
carefully. Even If you have aerved all the time on the
euepeneton/~evocatton, we oenno~ restore your driving
privilege unt$~ e~ the requ~re.ente are ae~ef~ad.,
020946102278952
PRISON RELEASE REOUIREMENT (~CT151)
The'Court of CUMBERLAND CTY, Court Number 24~?, Court Term
2001 has sentenced You to serve a prison term for this
violation. Pursuant to Section 1541(a.1) of the Vehicle
Code, you will net receive credit for this
suspension/revocation or any additional
suspension/revocation until you complete your prison term.
The Court must certify your completion to PennDOT. You may
wish to contact your probation officer and/or the Court
after your release to make sure that PennDOT is properly
PAYING THE RESTORATION FEE
You must pay a restoration fee to PennDOT to be restored
from a suspension/revocation of your driving privilege. To
pay your restoration fee, complete the following steps;
1. Return the~ enclosed Application for. Restoration, The
amount due 'is listed on the applicatton.~ ;~
2. Hrlte your driver's license number (listed on the first
page) on the check or money order to ensure proper
credit,
$, Follow the payment and mailing instructions on the back
of the application.
IGNITION ~NTERLOCK
Before your driving privilege can be restored you are
required by law to have all vehicle(s) owned by you to be
e;uipped with an Ignition Interlock System. This is a result
of your conviction for Driving Under the Influence. If you
fail to comply with ~hts requtrsment, Your drlving privilege
will rematn suspended for an additional year. You wi1!
receive more information regarding this requirement
approximately $0 days before your eligibility date.
PROVIDING PROOF OF INSURAHCE
Hithtn the last $0 days of your suspension/revocation, we
wt~! send you a letter asking that you Provide proof of
Insurance at that time. This ~etter wi~! ~tst acceptable
documents and what wi1! be needed if you do not own a vehicle
registered in PennsyZvania.
Zmportant: Please make sure that PennDOT Is notified if you
move from your current address, You may notify PennDOT of
your address change by calling any of the phone numbers
listed at the end of this letter.
0209~&102278952
APPEAL ' ' ¢ ' . -
YOU have the right .to,appeal th/s act/on 'to the Cou~t of
Common Pleas (C/v/1 Dlv/s/on) wtth/n SO days o~ the .a/l
date, APRZL 11, 2002, of th/s letter. X~ you flXe an appe&l
In the County Court, the Court w111 glve you a tlme-ot&mped
certified copy of the &ppe&l. In order for your appeal to
be valid, you must sand this time-stamped certAf/ed copy of
the appea! by cert/fJed ma/! to:
Pennsylvania Department of Transportat/on
Off/ce of Ch/el Counsel
Third Floor, R/var?font Off/ce Center
Harr/sburg, PA~ 17]0q-2516
Remember, th~s ts am OFFZCZAL NOTZCE OF SUSPENSZON.
S~cerely,
- Rebecca L. Bickley, D/rector
· Bureau of Dr~ver Licensing
INFORHATION 7;00 a.m. to 9;00
IN STATE 1-800-952-4600 TDD IH STATE
OUT-OF-STATE 717-$91-6190 TDD OUT-OF-STATE
WEB SITE ADDRESS w~.dct.state.pa.us
1-800-228-0676
717-391-6191
KEVIN P. CASSIDY,
Appellant,
VS.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Appellee
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 02 - CIVIL TERM
ORDER OF COURT
AND NOW, this ~' day of May, 2002, based upon Appellant's Appeal,
a hearing shall be held on the )'~"~ day of ~AJtzx , 2002 at
l0 .m. in Courtroom No. o~ of the Cumberland0 County Courthouse,
Carlisle, Pennsylvania.
KEVIN P. CASSIDY, :
Appellant :
:
V. :
:
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING, :
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2216 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of July, 2002, this raatter
having come before the court on an appeal by Kevin Paul Cassidy
from an order of license suspension following his conviction on
February 12, 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...
/~eeorge H. Kabusk, Esquire
For the Department of Transportation
/~_ n Turo, Esquire
For Kevin P. Cassidy
Sheriff
prs
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT O F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
KEVIN CASSIDY,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-2216 Civil Term
Notice of Appeal
Notice is hereby given that the Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that
was filed in this matter on July 22, 2002. This order is from a statutory appeal and cannot bc reduced to
judgment. The order has been entered in the docket and notice of its entry has bccn given under Pa. R.C.P.
236. A copy of the docket entries are attached hereto.
t
TERRANCE M. EDWARDS
Assistant Counsel
Appellate Section
Riverside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT O F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1 I01 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
KEVIN CASSDY,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-2216 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 thc original for inclusion in thc record as thc Appellant, Commonwealth of
Pennsylvania, Department of Transportation, Bureau of Driver Licensing, docs not desire a copy of the
transcript.
;FERRANCE 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 Civil Case Inquiry
2002-'02216 CASSIDY KEVIN P (rs) PENNSYLVANIA COMMONWEALTH OF
Reference No..: Filed ........ :
Case TvDe ..... : APPEAL - MISC
Ju~gmeh% ....... 00
Judge Assigned:
Disposed Desc.:
............ Case Comments .............
Time ......... :
Execution Date
Jury Trial ....
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
Page 1
5/06/2002
1:42
0/00/000o
0/00/000o
APPELLANT
Attorney Info
TURO RON
General Index
CASSIDY KEVIN P
266 SOUTH HANOVER STREET
APARTMENT 10
CARLISLE PA 17013
PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
RIVERFRONT OFFICE CENTER
HARRISBURG PA 17104 2516
APPELLEE
* Date Entries *
5/06/2002
5/09/2002
............. FIRST ENTRY ..............
PEITIION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK
REQUIREMENTS
IMPOSITION O~ IGNITION INTERLOCK REQUIRMENTS - HEARING SHALL BE
HELD ON 7/22/02 AT 2:35 PM IN CR 2 OF THE CUMBERLAND COUNTY
COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES
MAILED 5/9/02
.............. LAST ENTRY ..............
* Escrow Information *
* Fees & Debits Beg Bal Pymts/Adj End Bal *
APPEAL MISC 35.00 35.00 .00
TAX ON APPEAL .50 .50 .00
SETTLEMENT 5.00 5.00 .00
JCP FEE 5.00 5.00 .00
...... ....... ......... 7---oo
* End of Case Information ,
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court.~t Carlisle, Pa,
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT O F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RWERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
KEVIN CASSIDY, }
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
}
:
} NO. 02-2216 Civil Term
OF CUMBERLAND COUNTY, PA
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:
Judge Edgar B. Bayley
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
First Class Mail; Postage Pre-Paid;
Addressed as Follows:
Court Reporter
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Ron Turo, Esquire
Att. for Appellee Cassidy
28 South Pitt Street
Carlisle, PA 17013
DANA M. BRESSLER
Appellate Paralegal for Vehicle & Traffic Law Division
Date: August 14, 2002
KEVIN CASSIDY, :
Appellee :
:
V. :
:
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING, :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, pENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-2216 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 2:26 p.m.
in Courtroom Number Two.
ES:
GEORGE H. KABUSK, Esquire
For the Department of Transportation
RON TURO, Esquire
For the Defendant
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July 22, 2002, 2:26 p.m.
Carlisle, Pennsylvania
(Whereupon, the following proceedings
were held:)
THE COURT:
MR. TURO:
MR. KABUSK:
THE COURT:
MR. KABUSK:
This is Cassidy?
Yes.
It is, Your Honor, yes.
Go ahead.
Your Honor, by official notice
dated April llth, 2002, the Department notified Kevin Paul
Cassidy, operator's number 16215274, that as a result of
his violation of Section 3731 of the Vehicle Code, driving
under the influence, on 6/9 of 2001, and his conviction of
that on 2/12 of 2002, his driving privilege was being
suspended for a period of one year effective 3/26/2002.
Additionally, the Department notified him of
the requirement for the Iqnition Interlock, and that is on
page 2 of the suspension notice. The Department has a set
of exhibits. If I could have this marked as Commonwealth
Exhibit No. 1.
(Whereupon, Commonwealth's Exhibit No. 1
was marked for identification.)
MR. KABUSK: I have provided a copy of
sub-exhibit No. 1 to Mr. Turo. Sub-exhibit -- excuse me,
Exhibit No. 1 is under seal and certification. The subject
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of Exhibit 1 is the official notice of suspension dated and
mailed 4/11/2002, effective 3/26/2002.
Sub-exhibit 2 is a report from the Clerk of
Courts of Cumberland County, convicted 2/12/2002, seal
attached to the original, and if I could direct the Court's
attention to that sub-exhibit down in box G, Act 63,
Ignition Interlock required, no has been marked.
Sub-exhibit 3 is a driving record which
appears in the file of the defendant, Kevin Paul Cassidy,
operator's number 16215274, date of birth 11/15/53 in the
Bureau of Driver Licensing, Harrisburg, Pennsylvania. I
move for the admission of what's been marked Commonwealth
Exhibit No. 1.
THE COURT: Admitted.
MR. TURO: Judge, in addition, we have the
copy of the sentencing order in this case which I would ask
be admitted as Petitioner's 1. I've shown that to Mr.
Kabusk also.
THE COURT: I am going to have that marked.
(Whereupon, Petitioner's Exhibit No. 1
was marked for identification.)
MR. TURO: As you will quickly note, the
Court did not impose any interlock requirements at the time
of sentencing, and therefore it is my understanding based
on the Schneider case from Commonwealth Court, which Mr.
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Kabusk brought along as a professional courtesy, I would
ask that you sustain our appeal in this matter.
THE COURT: You agree according to the
current precedent of the Commonwealth Court I must sustain
the appeal here?
MR. KABUSK: Your Honor, if the appeal is
solely for the imposition of the Ignition Interlock,
additionally that was an appeal from a notice of
suspension, and there was a one year suspension. So I
would respectfully ask that the Court make clear that the
appeal for the one year suspension is either not at issue
or that appeal is denied, but as far as the imposition of
the Ignition Interlock, Schneider is the controlling case,
Your Honor.
THE COURT: Do I understand that the only
thing your client is not contesting is the initial one year
suspension but only the imposition of the additional
Ignition Interlock requirement?
MR. TURO: That's exactly what we appealed,
We are not appealing the original one year
Judge.
suspension.
THE COURT: I will dictate the order then.
AND NOW, this 22nd day of July, 2002, this
matter having come before the Court on an appeal by Kevin
Paul Cassidy from an order of license suspension following
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his conviction on February 12, 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 applying
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...
(Whereupon, the hearing was concluded
at 2:34 p.m.)
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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.
~lc'~a~'cSohu~ffRee~Orter ~
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
Date
~ j