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Home My WebLink About02-3312WILLIAM R. REISINGER, JR., Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: C) o2 _TT l Z C I V/ I 7?1 LICENSE SUSPENSION APPEAL PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS AND APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, WILLIAM P. REISINGER, by and through his attorneys, The Law Offices of Paul Bradford Orr, respectfully avers the following: Appellant resides at 16 Rays Drive, Newville, Cumberland County, Pennsylvania 17241. 2. By letter or notice dated June 21, 2002, a copy of which is attached hereto as Exhibit A, the Department of Transportation suspended Appellant's operating privileges (Operator's License No. 21314697) for a period of one (1) year, effective May 28, 2002 at 12:01 a.m. as a result of his conviction for DUI and sua s onte imposed ignition interlock requirements. 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. 4. Petitioner has the right to appeal to this Honorable Court by way of this Court's jurisdiction found in 42 Pa. C.S. § 933 (a)(1)(ii). 5. Said suspension arises out of the Petitioner's alleged conviction of Section 3731 of the Pennsylvania Vehicle Code, Driving Under the Influence. 6. Said suspension is unconstitutional in that it violates due process and equal protection under both the Pennsylvania and United States Constitutions. Said suspension is contrary to law. 8. Said suspension should be automatically stayed upon the filing of this Petition, and upon timely notice to the Department of Transportation. WHEREFORE, your Petitioner respectfully requests that this matter be set down for a hearing and in the interim, the imposition of interlock requirements imposed on Appellant by PennDOT be set aside, and enter a stay of the suspension of Petitioner's operating privileges pending this appeal. Date: q II O Respectfully sub 'tte Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Telephone (717) 258-8558 Supreme Court I.D. No. 71786 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER'S LICENSING Respondent, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA Vs. CIVIL 2002 WILLIAM P. REISINGER, JR., APPEAL FROM LICENSE SUSPENSION Appellant, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Petitioner's PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE was served Certified Mail upon the following: PA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES AND LICENSING OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA 17104 Date: I I V 116 , I verify that the statements made in the foregoing Civil Driver's License Suspension Appeal are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unworn falsification to authorities. Dated: ?, ? ? ? p-& P, RJ6. . William P. Reisinger, Jr. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mai '1 D t JUNE a e. 21, 2002 WILLIAM -P R€ISINGER dR 16' RAYS DR WID t 021656102329352 001 PROCESSING DATE 06/14/2002 DRIVER LICENSE * 21314647 DATE OF BIRTH 07/22/1967 LICENSE IN BUREAU Aoar MR, REISINGER: ?15 fa un offlcla4 Notice of the Suspension of Your Driving Privilege aq authorizedby Section 1532B of the Pennsylvania Ve,#?iclo bode. As;a result of your 04/23/2002 conviction of 4 olatino Section 3731: of the Vehicle Code DRIVING UNDER II?F1{IF?lICE on 06/05/2993,. • Your driving Privilege is SUSPENDED for a period YFAR(S)'.effective 05/28/2002 at 12:01 a.m.' of 1 e*e*a*v****a**a?e*e*?ta*a***a*****ee***eee*eee*e**e*ee?eeeee 1 WARNINOr, If You are convicted of driving while your I I, liicense:ls suspended/revoked the penalties will be a I I MINIMUM of 90 days imprisonment AND a $1,000 fine AND I I dog YO4rr Ariving 'Pr4vilage will be suspended/revoked for I ' - ---.4-MINIMUM 1 year Period *?E?t*****a*?******e?t*¦********ee?**•v**e***********e*****•*e ,Before PenPQOT can restore Your driving Privilege, You must follow the instructions in this letter for COMPLYING WITH WSREN410N, PAYING THE RESTORATION FEE and PROVIDING OF:INSURANPE. You should follow ALL instructions very NI;Y. ` Even if you have served all the time on the n*ion/raVOcation, we cannot restore your driving 7eg9 UMti1 all, the requirements are satisfied. EXHIBIT 021656102329352 1;:.. PR SON RgLEASE REQUIREMENT (ACT151) f The Court -of CUMBERLAND CTY, Court Number 1456, Court Term 2001 has sentencgd you to serve a prison term for this violation. Pursuant to Section 1541(a.1) of the Vehicle ;ada# you will not receive credit for this > `,iuspenelon/revocation or any additional ` suspension/revocation until you complete your prison term. €2 The Court must certify your completion to PennOOT. You may Ry1i4h 'to contact your probation officer and/or the Court diter_° ygwr_ vAe,ase to ,make-, sure that-, PennDOT _ia, properly - - - - - - - - - - -- CO4 must pay `a restoration fee to PennDOT to be restored ,',.from;a s4spenslgn/revocation of your driving privilege. To ,444 Y 4 r,re;t.pratign fee# complete the following steps: 1. Rpturn`the- enclosed Application for Restoration. The #mount due is 'listed on the application. ==`2. Write your driver's license number (listed on the first page) on the, Check or money order to ensure proper credit.` 3• Follow the payment and mailing instructions on the back of the application. N' CK Befpr$ your driving privilege can be restored you are '.redu*red,by law to haveall vehicle(s) owned by you to be eo111pped swith an Ignition Interlock System. This is a result vpf»ypur• convictioq.for. Driving Under the Influence. If you g -te C mLa11 _With_this requirement, -. your.. driv:i-ng-privilege ,.. ? will remain suspended for an additional year. You will receive more information regarding this requirement aRRroximately 30 days before Your eligibility date. m a±*",; 9,gnwrnTUC DDnnC InC.,,TUCnOALInr iln the last, 30, days of your suspension/revocation, we `Send You a litter asking that you provide proof of rance at that time. This letter will list acceptable menu and what will be needed if you do not own a vehicle stared in Pennsylvania. Tmpprtant: Please make sure that PennDOT is notified if you prove'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. 021656102329352 P?1 PEAL You, have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail 'date, JUNE 21, 2002, of this letter. If you file an appeal in _the County.Courto the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to s` be valid, you must send this time-stamped certified copy of 'the -appeal by certified mail to: Pennsylvania -Department of Transportation Dff$ca of Chief Counsel ""Th'1-rd FToore -R3V-erfront'"Office Canter Harrisburg# PA 17104-2516 " Remember 9 this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-000-932-4600 TOD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 1,. WEB SITE`ADARESS www.dat.state.pa.us s ?. 1-800-228-0676 717-391-6191 WILLIAM P. REISINGER, JR., Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 0.2, -3 312 C'?v?'1 l?rM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this,/ 7 "day of r 2002, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Ordered that a Hearing on the matter shall be held on I .... . day of Lavoti" 2002, at /d:.340 o'clock $. M. in Courtroom No. J0 of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. BY T URT: J. Distribution: - PA Department of Transportation, Office of Chief Counsel, Room 103, Transportation & Safety Building, Harrisburg, PA 17120 - Law Offices of Paul Bradford Orr, 50 E. High Street, Carlisle, PA 17013 YN'JA` ' JN 3d S i :1 W L I -InC ZO 301J" %' C!a iii 0- WILLIAM P. REISINGER, JR., : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02-3312 Civil Term COMMONWEALTH OF PENNSYLVANIA, DEPT. OF : LICENSE SUSPENSION APPEAL TRANSPORTATION, BUREAU OF DRIVER LICENSING MOTION TO CONTINUE 1. On July 12, 2002, the Appellant filed his Petition for Appeal from imposition of Ignition Interlock Requirements and Appeal from Suspension of Operator's Privilege. 2. On July 17, 2002, this Court set a hearing date for Friday, September 27, 2002 at 10:30 a.m. 3. Due to a previously scheduled pre-paid vacation, undersigned counsel will be out of the office during this time. The vacation runs from September 26, 2002 through October 4, 2002. 4. George Kabusk, Esquire, attorney for the Department of Transportation, does not oppose a continuance. WHEREFORE, the appellant requests a continuance to a time and date suitable to all parties. in Date: v By: -10 Paul Bradford Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court 1D # 71786 Page 1 of 1 ORR 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 and Appeal from Suspension of Operator's Privilege to the following person at the following address by U. S. Mail, Certified mail, posta e prepaid, return receipt requested, delivered to addressee only: g Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, p 1 4-2516 Date: b? By: PAUL BRADFO O ESQUIRE C-) C C.- ?- . , rT l vrn ? r J N N W 1 ??1 c ° ? O - -Y n Xi ??' i`i9?7 ei. n WILLIAM P. REISINGER, JR., Appellant vs. COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUG roz No. 02-3312 Civil Term LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this Z37?ay of 2002, upon consideration of the within Motion to Continue, a continuance is hereby granted, and a hearing is rescheduled for the 400 9Aday of 2002, at 'clock _&M in Courtroom Number -5 , Cumberland County Courthouse, Carlisle, Pennsylvania. haul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Rennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 BY THE CO ? g -15 if K) h?1?Ji?' l?'1 3 ?LJ3d?tnJ WILLIAM P. REISINGER, JR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF NO. 2002-3312 CIVIL PENNSYLVANIA DEPARTMENT OF TRANSPORTATION CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 23an day of SEPTEMBER, 2002, the hearing scheduled in this matter for Friday, October 18, 2002, at 10:30 a.m. is continued until MONDAY, NOVEMBER 25, 2002, at 10:00 a.m. in Courtroom # 5. Edward E. Guido, J. Gaul B. Orr, Esquire For the Defendant /George Kabusk, Esquire f For the Dept. of Transportation q 24.0_ :sld 7 ?/ C- y V) N fr a c WILLIAM P. REISINGER, JR., IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA: PENNSYLVANIA DEPARTMENT OF . OF TRANSPORTATION, BUREAU OF: DRIVER LICENSING, Appellee 02-3312 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of November, 2002, after hearing, the petitioner's appeal is sustained in part and denied in part. It is sustained in that we vacate the requirement that petitioner must install an ignition interlock device as a pre-condition to the restoration of his operating privileges. This action is based upon the case of Schneider versus Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing, 790 A.2nd 363. The Department's action in suspending petitioner's operating privilege for one year is sustained, and the appeal is dismissed in that regard. B, Edward E. Guido, J. /Paul Orr, Esquire For Appellant George Kabusk, Esquire For the Appellee it 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 17171787-2830 WILLIAM P. REISINGER, JR., Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO. 02-3312 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 November 25, 2002. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy of the docket entries are attached hereto. T ERRANCE 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 WILLIAM P. REISINGER, JR., } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } VS. } COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 02-3312 Civil Term Request for Transcript A notice of appeal having been filed in this matter, the official court reporter is hereby requested to produce, certify and file the transcript in this matter in conformity with Pa. R.A.P. 1922. Prepare only the original for inclusion in the record as the Appellant, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the transcript. TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 2002-03312 REISINGER WILLIAM P JR (vs) PA COMMONWEALTH OF DEPT OF TRA Reference No..: Filed........: 7/12/2002 Case Type ..... : APPEAL - LICENSE SUSP Time.........: 11:51 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info REISINGER WILLIAM R JR 16 RAYS DRIVE NEWVILLE PA 17241 APPELLANT ORR PAUL BRADFORD TRUE COPY FROM RECORD knA Sol PENNSYLVANIA COMMONWEALTH OF APPELLEE {P Tipk't`I'Inq WhPrC'O't 90°Y` U to Rly DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES & LI ai' ?) 5 ? 1 ' ?{j Coy 8t^ Carlisle, ,r ? 3RD FL RIVERFRONT OFFICE CT T,* / A ANY HARRISBURG PA 17104 - ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 7/13/2002 PETITION FOR APPEAL FROM IMPOSTITION OF IGNITION INTERLOCK REQUIRMENTS AND APPEAL FROM SUSPENSION OF OPERATING PRIVILEGE ------------------------------------------------------------------- 7/17/2002 ORDER OF COURT - DATED 7/17/02 - IN RE APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE - IT IS HEREBY ORDERED THAT A HEARING ON THE MATTER SHAL BE HELD 9/27/02 AT 10:30 AM IN CR 5 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE - BY THE COURT EDWARD E GUIDO J COPIES MAILED 7/17/02 ------------------------------------------------------------------- 8/05/2002 MOTION TO CONTINUE - BY PAUL BRADFORD ORR ESQ ------------------------------------------------------------------- 8/15/2002 ORDER OF COURT - DATED 8/13102 - IN RE MOTION TO CONTINUE A CONTINUANCE IS HEREBY GRANTED AND A HEARING IS RESCHEDULED FOR AT 10:30 PA/18BY2THE COURT DWARDCE GUIDOCUMBJERLANCOPDIESCOMAILEDUNTY CARLISLE ------------------------------------------------------------------- 9/24/2002 MAORDER TTTEROFORO10/18/02TATT 10:30 AM IS CONTINUED UNTILLU11/25/02 THIS 10?000AM IN CR 5 - BY THE COURT EDWARD E GUIDO J COPIES MAILED ------------------------------------------------------------------- 12/03/2002 ORDER OF COURT - DATED 11/25/02 - AFTER HEARING - THE PETITIONER'S APPEAL IS SUSTAINED IN PART AND DENIED IN PART - IT IS SUSTAINED IN THAT WE VACATE THE REQUIREMENT THAT PRE-CONDITIONER MUST INSTALL AN IGNITION INTERLOCK DEVICE AS A PRE-CONDITIONS TO THE RESTORATION OF HIS OPERATING PREVILEGES - THE DEPARTMENTS ACTION IN SUSPENDING PETITIONER'S OPERATING PRIVILEGE FOR ONE YEAR IS SUSTAINED AND THE APPEAL IS DISMISSED IN THAT REGARD = BY THE COURT EDWARD E GUIDO J COPIES MAILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pmts/Adj End Bal ******************************** ******** ****** ******************************* APPEAL LIC SUSP 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 ------------------------ ------------ 50.50 50.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** 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 WILLIAM P. REISINGER, JR., } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } vs. : } COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 02-3312 Civil Term Proof of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed as Follows_ Judge Edward E. Guido Court Reporter Paul Orr, Esquire Cumberland County Courthouse Cumberland County Courthouse Att. for Appellee Reisinger 1 Courthouse Square 1 Courthouse Square 50 East High Street Carlisle, PA 17013 Carlisle, PA 17013 Carlisle, PA 17013 DANA M. BRESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: December 10, 2002 ? -. f .?? i , , ? t,1'-, ,;'7 W ?' ? ? `. '- V ? ' G! i WILLIAM P. REISINGER, IN THE COURT OF COMMON PLEAS OF JR. CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING NO. 2002-3312 CIVIL CIVIL ACTION - LAW IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J. January 3 , 2003 On April 23, 2002, petitioner was convicted of driving under the influence' in the Court of Common Pleas of Cumberland County. As a result of said conviction, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (PennDOT) suspended his operating privileges. Since it was a second or subsequent offense, PennDOT directed that an ignition interlock device be installed on all vehicles owned by petitioner as a precondition to the restoration of his operating privileges.2 Petitioner objected to the requirement that he install the ignition interlock devices. We sustained his objection and PennDOT has appealed. When the defendant was sentenced on the underlying driving under the influence conviction, the judge did not order the installation of any ignition interlock devices. The parties agreed that the case of Schneider v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa. Commonwealth 2002) is controlling. Based upon the Schneider case, we felt compelled to vacate that portion of 75 Pa. C.S.A. § 3731. z See Ignition Interlock Device Act (42 Pa. C.S. § § 7001-7003). PennDOT's action which required the installation of ignition interlock devices as a precondition to the restoration of petitioner's operating privileges. j31*3 DATE Paul B. Orr, Esquire For the Appellee Terrance M. Edwards, Esquire For the Appellant / ,o,3.o 4 C?- I sld 1, C-1 04 Vol Commonwealth Court of Pennsylvania Michael Krimmel, Esq DeputyProthonotary/Chief Clerk May 24, 2007 TO: RE: Reisinger, Jr. v. Bur. of Driver Licensing No.2936 CD 2002 Trial Court/Agency Dkt. Number: 02-3312 Trial Court/Agency Name. File Copy Irvis Office Building, Room 624 Hanisbure. PA 17120 717-255-1650 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description trial court record January 15, 2003 1 Date of Remand of Record: Enclosed is an additional copy of the certificate. Please acknowledge receipt by signing, dating, and returning the enclosed cop to P thonotary O ice or the Chief Clerk's office. Commonwealth Court Filing Office Signature Date Printed Name f ( .:?..J .--I "t.? 4 '"",,,, ?, ?`? ;? 1 ??? I 4 IN THE COMMONWEALTH COURT OF PENNSYLVANIA William P. Reisinger, Jr. V. No. 2936 C.D. 2002 Submitted: April 4, 2003 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant BEFORE: HONORABLE JAMES GARDNER COLINS, President Judge HONORABLE ROCHELLE S. FRIEDMAN, Judge HONORABLE JIM FLAHERTY, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE FLAHERTY FILED: August 25, 2003 The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Cumberland County (trial court) which sustained the appeal of William P. Reisinger, Jr. (Reisinger) from the requirement that he install ignition interlock devices on all vehicles that he owned before his operating privileges could be restored.' We affirm. Reisinger was convicted of driving under the influence of alcohol (DUI) two times. The most recent conviction occurred on April 23, 2002. At Reisinger's criminal proceeding, the trial court did not order that Reisinger install ' An "ignition interlock system" is "[a] system approved by the department that prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level of less than .025%." 42 Pa. C.S. § 7001. the ignition interlock device on vehicles owned by him upon the restoration of his driving privileges. In a notice dated June 21, 2002 the Department informed Reisinger that his operating privileges were being suspended for one year. Additionally, the notice also contained the following information regarding the ignition interlock system: 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. Reisinger appealed to the trial court objecting to the requirement that he install the ignition interlock devices. The trial court conducted a de novo hearing and thereafter issued an order dated January 3, 2003 which upheld the one- year suspension, but sustained Reisinger's appeal of the interlock requirement. In support of its decision, the trial court cited our recent decision in Schneider v. Department of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa. Cmwlth. 2002.) This appeal followed.2 On appeal, the Department argues that Section 7003 of the Ignition Interlock Device Act (Act)' vests it with independent authority to ensure 2 Our review is limited to determining whether the trial court's findings are supported by competent evidence, whether errors of law were committed, or whether the trial court's determinations demonstrate a manifest abuse of discretion. Mazza v. Department of Transportation, Bureau of Driver Licensing, 692 A.2d 251 9pa. Cmwlth. 1997). ' 42 Pa. C.S. §§ 7001-7003. - 2 compliance with the Act regardless of the existence of a trial court order mandating the installation of an ignition interlock device.' a §7003. Additional driver's license restoration requirements In addition to any other requirements established for the restoration of a person's operating privilege under 75 Pa.C.S. § 1548 (relating to requirements for driving under influence offenders): (1) Where a person's operating privileges are suspended for a second or subsequent violation of 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance), or a similar out-of-State offense, and the person seeks a restoration of operating privileges, the court shall certify to the department that each motor vehicle owned by the person has been equipped with an approved ignition interlock system. (2) A person seeking restoration of operating privileges shall apply to the department for an ignition interlock restricted license under 75 Pa.C.S. § 1951(d) (relating to driver's license and learner's permit) which will be clearly marked to restrict the person to operating only motor vehicles equipped with an approved ignition interlock system. (3) During the year immediately following restoration of the person's operating privilege and thereafter until the person obtains an unrestricted license, the person shall not operate any motor vehicle on a highway within this Commonwealth unless the motor vehicle is equipped with an approved ignition interlock system. (4) One year form the date of issuance of an ignition interlock restricted license under this section, if otherwise eligible, a person may apply for an additional replacement license under 75 Pa.C.S. § 1951(d) that does not contain the ignition interlock system restriction. (5) A person whose operating privilege is suspended for a second or subsequent violation of 75 Pa.C.S. § 3731 or a similar (Footnote continued on next page...) - 3 We observe, however, and the Department acknowledges that this court has already addressed the issue of whether Section 7003 vests the Department with independent authority to impose the ignition interlock device system and we have determined that it does not. Schneider, Turner v. Department of Transportation, Bureau of Driver Licensing, 805 A.2d 671 (Pa. Cmwlth. 2002), Watterson v. Department of Transportation, Bureau of Driver Licensing, 816 A.2d 1225 (Pa. Cmwlth. 2003). As we recently stated in McGrory v. Department of Transportation, Bureau of Driver Licensing, (No. 2949 C.D. 2002, filed July 16, 2003), slip op. at 5 "failure of a trial court to order the installation of an ignition interlock device does not confer automatic authority upon the Department to `override' the trial court and to require installation. Section 7002(b) provides that only the court shall order the installation of an approved device, and nothing in Section 7003 dictates otherwise." Accordingly, the decision of the trial court is affirmed. lie J FLAHERTY, Senior J e (continued...) out-of-State offense who does not apply for an ignition interlock restricted license shall not be eligible to apply for the restoration of operating privileges for an additional year after otherwise being eligible for restoration under paragraph (1). 4 4 { IN THE COMMONWEALTH COURT OF PENNSYLVANIA William P. Reisinger, Jr. V. No. 2936 C.D. 2002 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant ORDER Now, August 25, 2003, the order of the Court of Common Pleas of Cumberland County in the above captioned matter is affirmed. J FLAHERTY, Senior J e r .,i _ r•'? .- ? ? JJ ? {,.f ? . '4 "} ` _ i ? V ?? t - -? / it R Irene A Bizzoso Deputy Prothonotary Norina K. Blynn Chief Clerk e Supreme Court of Pennsylvania Middle District May 1, 2007 Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 02-?31? P.O. Box 624 Harrisburz. PA 17108 717-787-6181 www.aopc.org RE: William P. Reisinger, Jr., Respondent v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Petitioner Commonwealth Docket Number - 2936 CD 2002 Trial Court/Agency Dkt. Number: 2002-3312 No. 659 MAL 2003 Appeal Docket No.: Date Petition for Allowance of Appeal Filed: September 9, 2003 Disposition: Order Denying Petition for Allowance of Appeal Date: May 1, 2007 Reargument/Reconsideration Disposition: Reargument/Reconsideration Disposition Date: /eez . L IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT WILLIAM P. REISINGER, JR., : Respondent V. ; COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Petitioner No. 659 MAL 2003 Petition for Allowance of Appeal from the Order of the Commonwealth Court entered August 25, 2003 at No. 2936 CD 2002, affirming the Order of the Court of Common Pleas of Cumberland County entered November 25, 2002 at No. 2002- 3312. ORDER PER CURIAM DECIDED: May 1, 2007 The Petition for Allowance of Appeal is GRANTED, and the order of the Commonwealth Court is REVERSED pursuant to McGrorv v. PennDOT, 915 A.2d 1115 (Pa. 2007). Jurisdiction relinquished. JUDGMENT ENTERED: May 1, 2007 or'a K. Blynn, Chef Clerk r