HomeMy WebLinkAbout02-2279STEVEN R. PARKS, II, : 1N THE COURT OF COMMON PLEAS OF
Appellant : CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING
No.: ~,~-.. ~7~ Civil Term
PETITION FOR APPEAL FROM IMPOSITION OF
IGNITION INTERLOCK REQUIREMENTS
1. Appellant herein is Steven R. Parks, II, residing at and having a mailing address of: 904
South Market Strec~, Mechaniesburg, Cumberland County, Pennsylvania 17055.
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mailing address ot~ Pennsylvania Department of Transportation, Office of
Chief Counsel, Third Floor, Riverfi-ont Office Center, Harrisburg, Pennsylvania 17104-2516.
3. By letter or notice dated April 9, 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
conviction for DUI and sua sponte imposed ignition interlock requirements.
4. Imposition ofiguition 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
Page 1 of 2
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Nail Date: APRIL 09, 2002
STEVEN R PARKS II
9G4 SOUTH MARKET STREET
MECHANICSBURG PA 17055
WID ~ 020926114473662 001
PROCESSING DATE 04/02/2002
DRIVER LICENSE e 25109216
DATE OF BIRTH 02/01/1980
L[CENSE IN BUREAU
Dear MR. PARKS:
This is an Official Notlce of the Suspension of your Driving
Privilege as authorized by Section 1552B of the Pennsylvania
Vehicle Code. As a result of your 01/08/2002 conviction of
violating Section $75! of the Vehicle Code DRIVING UNDER
INFLUENCE on 05/27/200I:
· Your driving privilege is SUSPENDED for a period of
YEAR(S) effective 05/19/2002 at 12:01 a.m.
WARNING: If you are convicted of driving while your
license is suspended/revoked the penalties will be a
MINIMUM of 90 days imprisonment AND a 1,000 fine AND
your driving privilege will be suspended/revoked for
a MINIMUM 1 year period
Before PennDOT can restore your driving privilege, you must
follow the instructions in this letter for COMPLYING WITH
THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. YOU should ~ollo~ ALL instructions very
carefully. Even 1~ you have served all the tlme on the
euspenelon/revocatlon~ ~e cannot restore your drlvlng priv-
ilege untll all the requirements are satisfied.
02092611~756&2
PRISON RELEASE REQUIREMENT (ACT151)
The Court of CUMBERLAND CTY, Court Number 0206q, Court Term
2001 has santenceU you to serve a prison term for this
olation. Pursuant to Section 1541(a.1) of the Vehicle Coder
you will not receive credit for this suspensian/ravocation
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 zs properly notified.
COURT ORDER TREATMENT PROGRAM (ACT 122)
Pursuant to Section 1548(d) of the Vehicle Code~ the Court
of CUMBERLAND CTY ~ Court Number 0206~ Court Term 2001 has
ordered you to attend a treatment program for alcohol or
drug addiction. As a resuZt of the court order~ this
suspension/revocation shall remain in effect until the De-
Partment is notified by the above Court that you have suc-
cessfully completed treatment and you are otherwise eligibZe
for restoration of your driving privilege.
PAYING THE RESTORATION FEF
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 application.
2. Write 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 INTERLOCK
Before your driving privilege can be restored you are re-
quired 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. You will re-
ceive more information regarding this requirement approxi-
mately $0 days before your eligibilA.ty date.
0209261Iqq75662
PROVIDING PROOF OF INSURANCE
With/n the last $0 days of your suspens/on/revocat/on, we
w/Il send You a letter asking that you prov/de proof of /n-
surance at that t/me. This letter will 1/st acceptable
documents and what wi[[ be needed if you do not own a veh/c[e
reg/stere~ in Pennsy[van/a.
Zmpoptant: Please make sure that
move from Your current address.
Your address change bY call/ng
I/sted'at the end of th/s letter.
PennDOT is not/f/ed /f you
You may not/fy PennDOT of
any of the phone numbers
APPEAL
You have the r/ght to appeal this act/on to the Court of
Common Pleas (Civ/1 Division) w/th/n 30 days of the ma/l
date~ APRIL 09, 2002~ of this letter. Z~ you ~11e an appe&l
tn the County CouPt, the CouPt w111 glve you a time-stamped
ceptt~ted copy of the appeal. In order for your appeal to
be raj/d, you must send this time-stamped cert/f/ed copy of
the appeal by cert/f/ed ma/[ to:
Pennsylvania Department of Transportation
Off/ce of Chief Counsel
Th/rd Floor, R/verfront Off/ce Center
Harrisburg, PA 1710~-2516
Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON.
Sincerely,
Rebecca L. Bickley, D/rector
Bureau of Dr/vet L/cens/ng
INFORNATION 7=00 a.m. to 9:00 p.m.
IN STATE lr800-952-~600 TDD IN STATE
OUT-OF-STATE 717-391-&190 TDD OUT-OF-STATE
NEB 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.
Steven R. Parks, III, Petitioner
STEVEN R. PARKS, II,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. No.: Civil Term
COMMONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING
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
Riverfrom Office Center
PAUL BRADFORD ORR, ESQUIRE
STEVEN R. pARKS, II,
Appellant
COMMONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No.:
Civil Term
ORDER OF COURT
AND NOW, this ~L4 day of ~ t'/~_ ,2002, upon consideration of
Appellant's Petition for Appeal from Imposition of Ignition Interlock Requirements,
ORDERED that a hearing shall be held on the __~ day of.
it is hereby
,2002, at
o'clock /z~ ~ in Courtroom Number _ L/ .., Cumberland County Courthouse,
Carlisle, pennsylvania.
BY THE COURT:
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
STEVEN R. PARKS, II,
Appellant
VS.
COMMONWEALTH OF PA.,
DEPARTMENT OF
TRANSPORTATION, BUREAU
OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-2279 CIVIL
CIVIL ACTION - LAW
ORDER
AND NOW, this & ~ day of August, 2002, the appeal of Steven R. Parks, II, is
SUSTAINED but only to the extent that the requirement that all vehicles owned by him must be
equipped with an ignition interlock system prior to the restoration of his driving privileges is
STRICKEN. See Albert John Schneider v. Com. of PA, Dept. of Trans., Bureau of Driver
Licensing, No. 1513 C.D. 2001 (Pa. Cmmwth. 2002).
BY THE COURT,
Gregory Cutler, Esquire
For the Appellant
George Kabusk, Esquire
For PennDOT
nA. Hess, J.
:rim
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT O F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW D1VISION
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
STEVEN R. PARKS, II,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-2279 Civil Temi
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 August 6, 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~un~/given Pa. R.C.P.
236. A copy of the docket entries are attached hereto.
TERRANCE M. EDWARDS
Assistant Counsel
Appellate Section
Riverside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT O F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717'} 787-2830
STEVEN R. PARKS, II,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-2279 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
TERRANCE M. EDWARDS
Assistant Counsel
Appellate Section
Riverside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
PYS510 Page 1
2D02-02279
Cumberland County Prothonotary's Office
Civil Case Inquiry
PARKS STEVEN R II (rs) PENNSYLVANIA COMMONWEALTH OF
Reference No..:
Case TvDe ..... : PETITION
Judgmeh% ......
Judge Assigned: HESS KEVIN00-
A
Disposed Desc.:
............ Case Comments .............
Filed ........ :
Time ......... :
Execution Date
Jury Trial ....
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
5/08/20o2
2:00
o/o0/000o
0/oo/0000
General Index Attorney Info
PARKS STEVEN R II PETITIONER ORR PAUL BRADFORD
904 SOUTH MARKET STREET
MECHANICSBURG PA 17055
PENNSYLVA/qIA COMMONWEALTH OF RESPONDA/qT
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVERS LICENSING
RIVERFRONT OFFICE CENTER
HARRISBURG PA 17104 2516
* Date Entries .
5/08/2002
5/15/2002
FIRST ENTRY ..............
~P~E~L--~R6M-I~P6S~T~O~ 6F IGNITION INTERLOCK REQUIREMENTS
IMPOSITION OF IGNITION INTERLOCK REOUIREMENTS IT IS HEREBY ORDERED
THAT A HEARING SHALL BE HELD ON 8/5702 AT 11:00 AM IN CR 4 OF THE
CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT KEVIN A
HESS J COPIES MAILED 5/15/02
8/06/2002 ORDER - DATED 8/6/02 - APPEAL OF STEVEN R PARKS II IS SUSTAINED
BUT ONLY TO THE EXTENT THAT THE REQUIREMENT THAT ALL VEHICLES
OWNED BY HIM MUST BE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM
PRIOR TO THE RESTORATION OF HIS DRIVING PRIVILIEGES IS STICKEN -
BY KEVIN A HESS J - COPIES MAILED 8/7/02
.............. LAST ENTRY ..............
* Escrow Information .
* Fees & Debits Beq Bal Pymts/Adj End Bal *
PETITION 35.00 35.00 .00
TAX ON PETITION .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 han;I
and the seal of said Court at 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
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
STEVEN R. PARKS, II,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-2279 Civil Term
Proof of Service
I hereby certify that I have on this day and date duly served a tree 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 Kevin A. Hess
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Court Reporter
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Gregory Cutler, Esquire
Att. for Appellee Parks
DANA M. BRESSLER ---
Appellate Paralegal for Vehicle & Traffic Law Division
Date: August 14, 2002
STEVEN R. PARKS, II
Appellant
VS.
COMMONWEALTH OF PA,
DEPARTMENT OF TRANS-
PORTATION, BUREAU OF
DRIVER LICENSING,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-2279 CIVIL
CIVIL ACTION-LAW
iN RE: OPiNION PURSUANT TO RULE 1925
In this case, the petitioner, Steven R. Parks, II, received a notice dated April 9, 2002,
wherein the Pennsylvania Department of Transportation notified him that as a result of his May
27, 2001, conviction for driving under the influence, his driving privilege would be suspended
for a period of one year. In addition, the notice indicated that, before his driving privileges
would be restored, he would have to comply with a requirement that all vehicles owned by him
be equipped with an ignition interlock system.
On August 6, 2002, this court entered an order sustaining the petitioner's appeal with
respect to that portion of his driver's license suspension which reads as follows:
Ignition Interlock
Before your driving privilege can be restored you
are required by law to have all vehicle(s) owned by
you to be equipped with an Ignition Interlock
System. This is a result of your conviction for
Driving Under the Influence. If you fail to comply
with this requirement, your driving privilege will
remain suspended for an additional year. You will
receive more information regarding this
requirement approximately 30 days before your
eligibility date.
Our order was entered in accordance with Albert Schneider v. Com. of Pa, Dept. of
Transp., Bureau of Driver Licensing, 1513 C.D. 2001 (Pa. Cmwlth. 2002). In that case, the
Commonwealth Court was presented with the same situation that pertains in the matter sub
judice; namely, though the sentencing court failed to impose an ignition interlock requirement,
PennDOT has sought to impose the requirement absent a court order. In Schneider, the court
held expressly that PennDOT has no unilateral authority to impose ignition interlock device
requirements if the trial court fails to do so. It was because of this express holding that we
entered our order of August 6, 2002.
Augustl9,2002
4$aul Bradford Orr, Esquire
For Appellant
/I'errance M. Edwards, Esquire
For PennDOT
:rlm
K/~A. Hess, J.
STEVEN R. PARKS, II
Appellee
COMMONWEALTH OF PA.,
DEPARTMENT OF TRANSP.,
BUREAU OF DRIVER
LICENSING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-2279 CIVIL TERM
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE KEVIN A. HESS, J.,
Cumberland County Courthouse,
Carlisle, Pennsylvania,
on Monday, August 5, 2002,
in Courtroom Number 4.
APPEARANCES:
GEORGE H. KABUSK, Esquire
For the Commonwealth
GREGORY CUTLER, Esquire
For the Defendant
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MR. KABUSK:
THE COURT:
MR. KABUSK:
Good morning, Your Honor.
Good morning.
This is the case of Steven R.
Parks, II, versus Commonwealth of Pennsylvania, Department
of Transportation, Bureau of Driver Licensing, Case No.
02-2279.
What has been marked as Commonwealth's
Exhibit No. 1 is a packet of documents under seal and
certification. I have provided a copy to Mr. Cutler.
Sub-exhibit No. 1 is official notice of
suspension dated and mailed 4/9/02, effective 3/19/02.
That notice informs Mr. Parks that his driving privilege
was being suspended for a period of one year as a result of
his conviction on 1/8/2002 violating Section 3731 of the
Vehicle Code relating to Driving Under the Influence on
5/27/01.
Additionally, that notice of suspension
informed him of the requirement for the Ignition Interlock.
And that can be found on page two of the notice of
suspension.
Sub-exhibit No. 2 is report of Clerk of
Court of Cumberland County, convicted 1/8/02, seal attached
to the original. I would draw the Court's attention to Box
G on that. And it states Act 63 Ignition Interlock
required. And the block no is checked.
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And Sub-exhibit 3 is driving record, which
appears in the file of the defendant Steven R. Parks, II,
operator's number 25109216, date of birth 2/1/80, in the
Bureau of Driver Licensing, Harrisburg, Pennsylvania.
Also, I would draw the Court's attention to
page two of the driving record, which indicates an ARD/DUI,
violation date April 29, 2000, in addition to the May 27th
DUI violation. I move for the admission of what's been
marked as Commonwealth Exhibit No. 1.
Your Honor.
THE COURT:
MR. CUTLER:
THE COURT:
MR. KABUSK:
I assume there is no objection?
No, Your Honor.
All right. It is admitted.
That is the Department's case,
THE COURT: Okay. And your appeal, Mr.
Cutler, is from that provision having to do with the
Interlock device?
MR. CUTLER:
THE COURT:
Yes, Your Honor.
Well, we have had several of
these. And I think we all know what the dispositions have
been thus far. Has there been any movement on the
Commonwealth Court case? That was appealed, I assume? Did
the Supreme Court take it?
MR. KABUSK:
THE COURT:
In regard to the Snyder case?
Yes. I think that's the name of
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it.
Court.
argued yet?
appealed it.
I know that.
MR. KABUSK: That is in front of the Supreme
THE COURT: Do you know whether it has been
MR. KABUSK: Your Honor, I know we have
I am not sure if allocator has been granted.
THE COURT: Okay.
MR. KABUSK: It is still under litigation.
THE COURT:
MR. CUTLER:
THE COURT:
order in the normal form.
Anything else for the record?
No, Your Honor.
All right. We will enter an
I will no doubt dictate that in
my office, and we will send you a copy.
Anything else?
MR. KABUSK: That's it, Your Honor.
THE COURT: Very well.
(End of proceedings)
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.
Barbara E. Graham
Official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
Date
'al District
/N THE COMMONWEALTH COURT OF PENNSYL
Steven R. Parks, II
Commonwealth of Pennsylvania,
Department of Transportation, Bureau
of Driver Licensing,
Appellant
No. 1952 C.D. 2002
Submitted: January
VANIA
7,2003
BEFORE.:
HONORABLE JAMES GARDNER COLINS, President Judge
HONORABLE ROCHELLE S. FRIEDMAN, Judge
HONORABLE JIM FLAHERTY, Senior Judge
OPINION BY
SENIOR JUDGE FLAHERTY
FILED:
The Commonwealth of Pennsylvania, Department ot
(Department) appeals from the order of the Court of Corr
Cumberland County (trial court) which sustained the appeal of Ste'
(Parks) and relieved him of any obligation to comply with th~
Ignition Interlock Law. We affirm.
,pril 4, 2003
TransPortation
mon Pleas of
~en R. Parks, II
Pennsylvania
On April 29, 2000, Parks was arrested for driving unde~r the
of alcohol (DUI)'in violation of Section 3731 of the Vehicle Co
§3731. Parks accepted the accelerated rehabilitative 'disposition
October 18, 2000, Parks was notified by the Department of a six-mo:
of his operating privilege in accordance with 75 Pa.C.S. §3731(e
served that suspension and his operating privilege was restored on A
On May 27, 2001, Parks was arrested a second ti~
violation of Section 3731 of the Vehicle Code. On January 8, 20t
influence
fie, 75 Pa.C.S.
(AR_D). On
ath suspension
(6)(ii). Parks
~ril 6, 2001. -
~ for DUI in
)2,. Parks was
convicted and given the mandatory one-year operating privilege suspension. The
trial ,court did not order the installation of the ignition interlock system on his
vehicles. On April 9, 2002, the Department notified Parks of the one-year
suspension and that he was required by law to have all vehicles owned by him to
be equipped with an ignition interlock system in Order for his operating privilege to
be restored at the end of that period, and if he failed to comply with this
requirement, his operating privilege would remain suspended for an additional
year.
Parks appealed challenging only the interlock requirement and not the
suspension of his operating privilege. On AUgust 5, 2002, the trial court held a de
novo hearing at which the Department argued that they have an independent
mandate to require that a repeat DUI offender comply with the ignition interlock
law where a court fails or refuses to comply with the statutory mandate that it order
the interlock installation. The trial court sustained Parks' statutory appoal .and
relieved him of compliance with the Ignition Interlock Law as a condition
precedent to the restoration of his operating privilege. The Department appeals to
our Court.~
On appeal the Department contends that they have an independent
mandate to .require that a repeat DUI offender comply with the ignition interlock
law where a court fails or refuses to comply with the statutory mandate that it order
the interlock installation.
~ Our review is limited to determining whether the trial court's findings of fact are
supported by competent evidence and whether the trial court has committed an error of law or an
abuse of discretion. Schneider v. De artment of Trans ortatmn Bureau of Driver L~censm ,
790 A.2d 363 (Pa. Cmwlth. 2002).
2
The failure of the trial court to order the installati,
interlock device does not give the Department the authority to
court's order and require installation. Our Court addressed this
as follows:
Section 7002 provides that only "the court shall ord,
inStallation of an approved ignition interlock devic
42' Pa.C.S. §7002(b).- Because this provision giv
court the sole-authority, PennDOT has no unila
)n of the ignition
override the trial
ssue in Schneider
r the
es a
teral
authority to impose ignition 'interlock device
requirements if the trial court fails to do so.' If the ~trial
court fails .to impose this requirement in a crirr[inal
proceeding, the district attorney can appeal~ the ~al
court's failure to do so as it would if the trial court fi.iled
to impose any other mandatory sentence.
.Id. at 366-67. See also, Turner v.' Department of Transportation,
Licensing, 805 A.2d 671 (Pa. Cmwlth. 2002). Thus, the-D
permitted to override the trial court's order and require the ir
ignition interlock device.
In the present controversy, the trial court did not ord~
of the ignition interlock system and the Department did not appeal
Accordingly, Parks was not ordered by the-trial court to inst
interlock sYstem and therefore, we must affirm the trial court.
3ureau of Driver
)artment is not
tallation of the
the installation
5om that order.
all the igniti°n
JI~LA~ERTY: Senior Juc~'&'ff
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Steven R. Parks, II
Vo
Commonwealth of Pennsylvania,
Department of Transportation, Bureau
of Driver Licensing,
Appellant'
·
No. 1952 C.D. 2002
ORDER
AND NOW, this ~ch day of April ,2003, the order of the
Court of Common Pleas of Cumberland County which sustained the appeal of
Steven R. Parks, II and relieved him of any obligation to comply with the
Pennsylvania Ignition Interlock Law is affirmed.
(~LA~R~Y, Senior Jud~
Certified from the Record
APR 0 4 2003
and Order Exit
KIMBERLY MURP~AY SWAN
Plaintiff/Respondent
VS.
DWIGHT DAVID SWAN
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-2229 CIVIL TERM
:
: CIVIL ACTION - LAW
: CUSTODY
PRELIMINARY OBJECTION IN THE NATURE OF
LACK OF JURISDICTION OVER THE SUBJECT MATTER AND PERSON
1. A custody trial is scheduled for October 8, 2003, before
your Honorable Court to determine which parent should be the
primary custodian of the two minor children of this marriage.
2.~ The minor children are Julianna Marie Murray Swan, born
June 7, 1989. She is the natural daughter of Mother, and
adopted by Father on August 19, 1994, when she was over five (5)
years old. Juli's biological father was t~agically killed in a
motorcycle accident on June 3, 1990; and Scott Andrew Swan, born
August 2, 1993, (hereinafter known as ~Scott"). He is the
natural child of this marriage.
3. Scott, the minor son has been living in Maryland with his
Mother since September 1, 2002, as a result of a custody
agreement signed by the parties.
4. Since the minor son has been out of the jurisdiction of
Pennsylvania for an entire year, this Court lacks jurisdiction
both over the subject matter and the person.
Wq{EREFORE, it is respectfully requested that this
Court dismiss the custody action with respect to Scott Andrew
Swan for lack of jurisdiction.
Dated: October 8,
Respectfully s~b~itted,
STONE LAFAV~R~ E KI
sEli~u~/~ii5~ttorney at Law
2 0 0~ns~/ Plaintiff/Respondent