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Home My WebLink About02-3591MICHAEL E. DARHOWER, APPELLANT · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVING LICENSING, APPELLEE · 02-3591 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~'~ day of August, 2002, IT IS ORDERED that the order of the Pennsylvania Department of Transportation, Bureau of Driving Licensing, suspending appellant's driving privilege, IS AFFIRMED, EXCEPT that the following provision, IS VACATED: 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? Paul Bradford Orr, Esquire For Appellant George Kabusk, Esquire For Appellee :saa ' Schneider v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driving Licensing, A.2d , (No. 1513 C.D. 2001, Commonwealth Court of Pennsylvania, January 11, 2002); and Commonwealth v. Mockaitis, 50 Cumberland L.J. 184 (2001). MICHAEL E. DARHOWER Appellant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : No.: COMMONWEALTH OF PENNSYLVAN1X: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING Civil Term pETITION FOR APPEAL FROM IMPOSITION 0~' .IGNITION INTERLOCK REQUIREMENT.~ 1. Appellant herein is Michael E. Darhower, residing at amd having a mailing address ot~ 32 Baltimore Street, Carlisle, PA 17013. 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, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. By letter or notice dated June 26, 2002, the Department of Transportation suspended ppellant s dnwng privileges for a period of one additional year for not installing an ignition interlock device in his vehicle. The new restoration date is July 26, 2002 and Appellant appeals hereto from that date. (A copy of the letter is attached hereto as Plaintiff's Exhibit "A") 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. Appellant complied with all of the other requirements and all requirements ordered by the Court. Page 1 of 2 6. On Januai3, 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 affirmed." Schneider v. Commonwealth, 790 A.2d 363 (Pa. Commonwealth 2002). WHEREFORE, Appellant respectfully requests that this matter be set down for a hearing, Appellant's driving privileges restored and that the imposition of ignition interlock requirements imposed on Appellant by PennDOT be set aside. Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR Date: Paul Br~di'ord Orr, ~quire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 Page 2 of 2 I verify that the statements made in the foregoing License Suspension Appeal are tree and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unsworn falsification to authorities. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17125 06/26/02 MICHAEL EUGENE DARHOWER DRIVER'S LICENSE NUMBER: 125528~5 52 BALTIMORE STREET BIRTH DATE: 03/15/q3 CARLISLE PA 17013 ELIGIBILITy DATE: 07/26/02 Dear MR, DARHOWER z This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restb~e your driving priv/~ege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving Privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving PrivJlege restored, provided no other violations are Processed against your driving record. This date ~s effective regardless of any other dates listed w/thin this letter. Please read the fa/lowing information carefully and be sure to com~lete all requirements to have your driving Privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. PROOF OF INSURANCE -N/th~n $0 days of Your ELIGIBILITY DATE, provide a copy of one of the follaw~ng to PENNDOT to sho~ that all motor vehicles currently Peg~stered in Pennsylvania ~n your name are insured: ~Insurance ID card ....................... ~Dec/a'rat/on page of~.yoQr insurance.~Doli~y .................. ~Insurance Binder ~An aPplicatzon of insurance to the PA Auto Insurance Plan If you do no~ own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT ~hich reads "I do not own any motor veh/cles currently registered in Pennsylvan/a-. Please tnc/ude your name, address, driver's /icense number and date of bJ~th on the statement. TERN SUSPENSION/REVOCATION -You have a I YEAR(S) suspension/revocation that began (or ~i11 begin) on 06/26/01. Credit for serving this suspension/revoca- tion began CoP will begin) on 07/26/01 and will end on 07/26/02. The susPension/revocation resulted from a violation on 05/31/0! of Section $751~ DRIVING UNDER INFLUENCE EXHIBIT A LICENSE NO, : 12552845 IGNITION INTERLOCK You are required to have an aPProved Ignition Interlock System installed in all of your vehicle(s). APProximately $0 days before YOUr ELIGIBILITY DATE, you should contact one of the following aPProved vendors listed below to make arrangements to have the System installed. -Interlock Installation Services - 1-800-452-1759 -Consumer Safety Technology~ Inc. 1-877-777-5020 -National Interlock, Inc. (serving Eastern PA) - 1-866-542-4984 -American Court Services (serving Central/~e~Lern PA)'- i-868-565-6227 -Guardian Interlock Systems 1-800-499-0994 -Draeger Interlock, Inc. 1-800-332-6858 You will need to Provide the vendor the following court information before the System can be installedo COUNTY COURT NUMBER COURT TERN CUNBERLAND CTY 01002 2001 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s)~ your driving privilege will remain suspended for an additional year. IGNITION INTERLOCK LICENSE -In order to have your driving privilege restored you must apply for an Ignition Interlock license. An Ignition Interlock license entitles you to drive only vehicles equipped with an Ignition Interlock System. ~ou ma~_~make aPRlica.tion 30 days BEFORE your el~gibility.d=te. An aPPlication is enclosed for Your convenience. This letter identified the requirements necessary to restore your driving Privilege and we are looking forward to working with You te do this. Unless another address was indicated, return any documents and/or fees to the NAILING ADDRESS listed below. Phone numbers are Provided ,for YPur use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank you. P.S. RENEHBER, your ELIGIBILITY DATE is 07~26/02. L~CENSE NO. : 12552B~5 IGNITION INTERLOCK LICENSE APPLICATION To apply for an Ignition Interlock license~ please Sign below and subm/t this page w/th a check or money Orde~ in the amount of ~10.00 to the ma/ling address listed at the bottom of this letter. Your check or money order should be mode Payable to PENNDOT. DRIVER's LICENSE NUMBER - 12552B~5 NICHAEL EUGENE DARHOWER ~2 BALTIMORE STREET CARLISLE PA 17013 SIGNATURE If Your aderess has changed~ --TELEPHONE NO=__ Please Print the Correct address here: If You choose not to install an Ignition Interlock'System, You do not have to apply for an Ignition Interlock license. NAILING*ADDRESs: PENNDOT * P.O. Box 68693 Harrisburg, PA 17106-8693 LICENSE NO, ~ 125528q5 HAILING ADDRESS: PENNDOT Bureau of Dr~ver Licensing P.O. Box 68693 Harr/sburg, Pa 17106-8693 INFORMATION (7~00 AH to 9~00 PM) IN STATE OUT-OF-STATE 1'800-932-q600 TDD ZN STATE 717-391-6190 1-800-228-0676 TDD OUT-OF-STATE 717'391-6191 3 CERTIlqCATE OF SERVICE I hereby certify that on this date, I mailed a true copy of Petition for Appeal fi-om 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, postage prepaid, return receipt requested, delivered to addressee only: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Date: By: P~[D~ ~(I_C~j-I~t~ ~ [. MICHAEL E. DARHOWER, PETITIONER COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3591 LICENSE SUSPENSION APPEAL MOTION TO RECONSIDER AND VACATE ORDER ISSUED AUGUST 1~ 2002 The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. By official notice dated June 12, 2001, the Department of Transportation, Bureau of Driver Licensing, notified Michael E. Darhower, O.L.N. 12552845, that as a result of his conviction on May 22, 2001 of a violation of Section 3731 of the Vehicle Code, relating to Driving Under the Influence of Alcohol or Drugs, on March 31, 2001, his driving privilege was being suspended for a period of one year. See attached, exhibit number 1. 2. The notice dated July 12, 2001 additionally notified the petitioner that as a result of his conviction of driving under the influence, he was required by law to have all vehicle(s) owned by him equipped with an approved ignition interlock system before his driving privilege can be restored and that if he failed to comply with this requirement, his driving privilege would remain suspended for an additional one year. See attached, exhibit number 1. 3. The petitioner filed an appeal of the above-mentioned suspension on or about July 26, 2002, in the Court of Common Pleas of Cumberland County. 4. By Order dated August 1, 2002 this Honorable Court affirmed the portion of the notice dated July 12, 2001, which imposed a one year suspension, and vacated the portion of the notice dated July 12, 2001, which imposed the requirement for ignition interlock. 5. No hearing was held in this matter. 6. A de novo hearing must be held before the court dismisses or sustains the appeal. See Rutkowski v. Department of Transportation, Bureau of Driver Licensing, 780 A.2d 860 (Pa. Cmwlth. 2001); see also O'Donnell v. Department of Transportation, Bureau of Driver Licensing, 781 A.2d 1287 (Pa. Cmwlth. 2001), Mullin v. Department of Transportation, Bureau of Driver Licensing, 786 A.2d 331 (Pa. Cmwlth. 2001). WHEREFORE, the Department respectfully requests that its Motion to Reconsider and Vacate be granted and the matter be scheduled for heating. Respectfully submitted, Ge~i'ge I~abusk, Esquire Assistant Counsel Date: August 8, 2002 Office of Chief Counsel Riven*rom Office Center-3rd Floor 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 CONNONHEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date~ JULY 12, 2001 flZCHAEL EUGENE DARNOHER 3E BALTIflORE STREET CARLZSL£ Pa ~7D~3 HID O O~6bb~?O~aq533 00~ PROCESSING DATE ~RZVER LICENSE ! LICENSE IN BUREAU Dear MR. DARHOWERz This is an O~$10ta1 NOtiCe OY the Suooaneion of your Driving Privilege as Outhorized by Section IS$2l of the Pennsylvania Vehicle Code. As · result of your 0S/22/2001 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on os/31/zoolz · Your driving privilege is SUSPENDED Yor · YEAR(S) eqLfaotivo 06/26/2001 at 12:01 a.m. era convlctea of driving vhtle o license ts suspended/revoked th .... · ....... Y ur I MINIMUM of 90 d--- ' ..... · ..... -Laos Mill be · I --- -~przsonment AND · 1,000 fine your driving privilege viii be SUSpefld-d ...... AND I · #INS#UN I year Period ------reVOKed for J #memm##smmememmeeee#meemeeemmeeeeemmeeeemamaa#o#mm.m#mm.~ Before PennDOT can restore your driving privilege, you must folloN the Instructions in this letter for COMPLYING HITH THIS SUSPENSION, PAYING THE RESTORATZON FEE and PROVIDING PROOF OF INSURANCE. You IhouZd ~ollow ALL tflltruet/ofle very careYuAAy. Even tf You have IIPVId e11 tho time on the suspension/revocation, vi cannot restore your drLvlng prlv- ~2ege untl! aAA the requLremente ore e&tLoYted. O11866170289S33 PRISON RELEASE REOUZRENENT (ACTIS~ The Court of CUNBERLAND CTY, Court'Numbor 01002, Court Term 2001 has sentenced You to serve · prison term for this vi- olation. Pursuant to Section IBdl(a.l) of tho Vohi .... ~ ~gaa~oflaz suspension/revocation u~*~ ....... ~'~" ~u~ pr_l~n term. Tho Court Bust · g roflflgOT. YOU BI-- ...k . ...... '''' ~uur coaPzetlon __~. ..... . -... se GOnTaCT Your Probation officar PAYING TNE RESTORATION YOU must Pay · rostoratlon foe to PenflDOT to tared from · suooonoion/rovocation .f ........ .be res Ply YOUr rootorltlln fll~ colPlltt tho following stepe l. Return tho enclosed Allllcotlon for Restoration. The amount duo lo listed off tho opolicattofl. 2. Yrtto your driver's llceno ..... - ....... gage) on tho .,..L ---- _-- ~melr. izlotoa on the first credit. -..,b, er money argot to ensure proper 3. Follom the oaymont and moiling instructions on the back of tho a~Pllcatlon. IGNITION INTEOLO~ , Before Your driving prtvi3ele con bo restored you quired by ism to have --- ...... ore e&& van&cIo(si owned by · o~ulgpad vim# afl llnttlofl Interlock Suit-- ~ .... y u to be or Your conviction for Driving Und. r-th;'~n;~:n~ fall to comply mlth this re~uirement, your driving privilege will remain suspended for an additional year. You will re- ceive more lnformltton regarding this raqulroment opproxj- mmtaly 30 days before your aligtbllity dote. PROVIDING PROOF OF INSUBA#C~ #tthin tho lilt 30 days of your sulgonsion/rovocotiofl, viii send you 8 latter liking that YOU provide proof of in- surance It that time. This letter viii list acceptable documents end what viii be needed if you do not - registered In Pennsylvania. own m vehicle ZlOOPtlnt: Please make sure that PonnDOT is notified if you move from your current address. You say notify PoflnO0T of YOUr address chenge by coiling any of the phone numbers listed at the end of this letter. 011866170289S35 YOU hove the right to oeooel this action to the Court of Common Pleas (Civil Division) vithifl 30 days of the emil date, JULY 12, 2001, of this letter. Zf YOU f~Ao a ~n the County COUp . n m~oom oep t, tho CouPt uS, AZ gzve . x De valid, you must send this time-stomped certified copy of the apgeal by certified ~11 tar Pennsylvania Deportment of Transportation Office of Chief Counsel Third Floor, Ntvorfront Office Center Harrisburg, PA lTlO4-2Sl& Remember, thio ii an OFFZCZAL NOYZCl OF 8UIPlNIZON. Sincerely, Rebecca L. iickloy, Director Bureau of Driver Licensing IN STATE I#FORNATID# OUT-DF-STATE 1'80e-032-4600 TDD IN STATE 717-$91-&100 TOO OUT-OF-STATE #El SiTE ADDRESS MMv.dot.state.Po.us 1'800-228-0676 717-391-6191 MICHAEL E. DARHOWER, PETITIONER COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3591 LICENSE SUSPENSION APPEAL VERIFICATION I verify that the statements made in the Motion to Reconsider and Vacate Order issued June 12, 2002 are tree and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. DATE: August 8, 2002 G~o~ge H. ga~usk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 MICHAEL E. DARHOWER, PETITIONER Vo COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3591 LICENSE SUSPENSION APPEAL .CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion to Reconsider and Vacate Order issued August 1, 2002 upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 DATE: August 8, 2002 ~eorge H. I~bus Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 MICHAEL E. DARHOWER, PETITIONER Vo COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3591 LICENSE SUSPENSION APPEAL MOTION TO RECONSIDER AND VACATE ORDER ISSUED AUGUST 1~ 200?, The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. By official notice dated June 12, 2001, the Department of Transportation, Bureau of Driver Licensing, notified Michael E. Darhower, O.L.N. 12552845, that as a result of his conviction on May 22, 2001 of a violation of Section 3731 of the Vehicle Code, relating to Driving Under the Influence of Alcohol or Drags, on March 31,2001, his driving privilege was being suspended for a period of one year. See attached, exhibit number 1. 2. The notice dated July 12, 2001 additionally notified the petitioner that as a result of his conviction of driving under the influence, he was required by law to have all vehicle(s) owned by him equipped with an approved ignition interlock system before his driving privilege can be restored and that if he failed to comply with this requirement, his driving privilege would remain suspended for an additional one year. See attached, exhibit number 1. 3. The petitioner filed an appeal of the above-mentioned suspension on or about July 26, 2002, in the Court of Common Pleas of Cumberland County. 4. By Order dated August 1, 2002 this Honorable Court affirmed the portion of the notice dated July 12, 2001, which imposed a one year suspension, and vacated the portion of the notice dated July 12, 2001, which imposed the requirement for ignition interlock. 5. No heating was held in this matter. 6. A de novo heating must be held before the court dismisses or sustains the appeal. See Rutl¢owsM v. Jgeparttnent of Transportation, Bureau of Drlver Licensing, 780 A.2d 860 (Pa. Cmwlth. 2001); see also O'l~onnell v. Z}epart~ent of Transportation, Bureau ofl)river Licensing, 781 A.2d 1287 (Pa. Cmwlth. 2001), Mullin v. l~epart~nent of Transportation, Bureau of l~river Licensing, 786 A.2d 331 (Pa. Cmwlth. 2001). WHEREFORE, the Department respectfully requests that its Motion to Reconsider and Vacate be granted and the matter be scheduled for heating. Respectfully submitted, Ge~i'ge H~abusk, Esquire Assistant Counsel Date: August 8, 2002 Office of Chief Counsel Riverfront Office Center-3rd Floor 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 COHHONWEALTH OF PENNSYLVANIA DEPARTHENT OF TRANSPORTATION Bureau of Driver Licensing Hail Date; JULY 12, 2001 FlICHAEL EUGENE DARHOYER 3E BALTZHORE STREET CARLZSL[ PA PROCESSZNG DATE 07/05/200~ DRZVER LZC£NS£ ! ~55~B~5 Date OF gZRT~ 03/~3/~q~ LICENSE IN BUREAU Dear HR. DARHOUERz This ]s an Offle,eZ Notice o~ the Sultana,on of your Dr]ring Privilege as authorized by Section 15521 of the Pennsylvania Yehicle Code. As · rtsult pf your ES/22/2001 conviction of violating Section $?$1 of the Yehicle Coda DRiViNG UNDER ZNFLUENCE on · Your driving prtvtlage is IUIPENDED fop YEAR(I) effective 06/26/2001 it 12:01 a.m. a]cense 3s suspended/revokod )k ........ ..u. HINIHUH of eh d ....... -- ..... ----n~TZeS Viii be a I Your drtvtn:'-;7~.aa'r'~?'°nt AND & 1,000 fine AND I u ff 3v~ege ff111 be suspended/revoked i HZNZHUH I Year Period for mm"~me#ieeemieeeeeemmeeeeee#mm I Before PennOOT can restore your driving privilege, you must follow the instructions in this ]liter for COMPLYING WITH THiS SUSPENSION, PAYING THE RESTORATZON FEE end PROViDiNG PROOF OF iNSURANCE. YOU ehouZd ~oZI~ALL lnltPuct/onl very ciPefuZly. Even if you hive eePved ·11 the time on the lUlpenilon/Pevocat/on, ~e cannot PeltoPe ¥ou~ dPLvlng prXv- ~2ege unt,! i~2 the PequlPement· e~e eitLlf~ed. 0118&6170289S$3 PRISON RELEASE REOUIRENE#T (ACTISIp The Court of CU#BERLAND CTY, Court Number 01002, Court Term 2001 his sentenced You to serve a grison term for this elation. Pursuant to Section 1541(0.1) of the Vehicle Cods, you will not receive credit for this suspension/revocation or any additional su·geflsionlrevocetion until you co·plate your grime· term. The Court ·uss certify your completion to PonflOOT. You ·my wish to contact your Probation officer end/or the Court ·fret your release to ·aka sure that PonflDOT ts Proaerly notified. PAYING THE RESTn~TIO# You ·uss Pay · restoration fee to PeflflDOT to be restored Pay Your rester·Sion fee, comalete tho fei'--'-- l~ego. To 1. return t#o enclosed Agglicgtion for ~oetoretlon. The amount duo ia lta~ed off the ooelicatiofl. 2. Yrlto your driver · license number (lioted on the f~rst Oege) on the check or money order to ensure promar credit. 3. Follow the gaymont and Illllfll instructions on the back of the al~licotion. IGNITIO# INTERLACE , Before your driving Privilege con be restored o quired by lay to have -'' ....... Y u ore re- ma& vehicle(si ovfled b e~utpoed vith an Ignition Interlock Set,-- .~. Y.YOU tO be or Your conviction ...... · wnze is a result rat l)~tvlng Under the Influence. If you fall to coegly vlth this reeutreaent, your driv n wtII remain suopendo ..... , ..... i g Privilege . d f.. -,, eegaT~onel Year. y ~o~v~ ·~rs information regarding this re-L`-- o~ will re- quire·oils aPProxi- mately 30 days before your eligibility date. PROVIDING PBOOF OF INf~JIANCF YJthtn the lilt $1 dlys of your sulpeflsiofl/rlVOCltJon, we wall Slnd You I letter liking this you provide proof of ~n- surance et that time. This letter will list accePtable documents and whet will be needed if you do not own a vehicle registered in Pennsylvania. ZmOoPtaflt: Please ·eke sure that PonnDOT Is notified Af you move from Your current address. You Bay notary PeflflDOT of Your address change by calling any of the Phone numbers lasted at the end of th~s letter. 011866170289S$3 YOU hive the right to mPOool this action to tho Court of Common Pleas (Civil Division) vithlfl 30 days of the moil date, JULY 120 2001, of this letter. ~fl the COImlty COtdPt, the Coup ...... Zf you flXe mn apmeaX ooPtAfAed moldy of the 8iliJeOl.' u~,~ g~ve ?au · t~me-atemoe~ armor FOr YOUr agOea] to be valid, You must sand thio tima-stamoad certified cody of tho a~gaal by certified eueil tar Pennsylvania Deoartmant of Transoortation Office of Chief Counsel Third Floor, Rlverfront Office Center Harrisburg, PA 17104-2516 Rebecca L. Slcklay, Director Bureau of Driver Licensing INFORNATIO# 7ti! i.s, to Oz00 IN STATE 1'800-952-4600 TDD IN STATE- OUT-OF-STATE 717o$01-6190 TDO OUT-OF-STATE #Em SITE ADDRESS m.dot.state.~m.us 1-800-228-0676 717-591-6191 MICHAEL E. DARHOWER, PETITIONER Vo COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3591 LICENSE SUSPENSION APPEAL VERIFICATION I verify that the statements made in the Motion to Reconsider and Vacate Order issued June 12, 2002 are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. DATE: August 8, 2002 G~o3ge H. ~a~usk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 78%2830 MICHAEL E. DARHOWER, : PETITIONER : Vo COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3591 LICENSE SUSPENSION APPEAL _CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion to Reconsider and Vacate Order issued August 1, 2002 upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 DATE: August 8, 2002 ~eorge H. ~bus Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 MICHAEL E. DARHOVVER, : IN THE COURT OF COMMON PLEAS OF PETITIONER/APPELLANT : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT/APPELLEE 02-3591 CIVIL TERM ORDER OF COURT AND NOW, this ~__~day of August, 2002, the motion of the Department of Transportation to vacate this court's order of August 1, 2002, and set a hearing, IS GRANTED. The order of August 1, 2002, IS VACATED. A hearing on the appeal from the imposition of ignition interlock requirements shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 2:00 p.m., Monday, October 21, 2002. That part of the order of the Department of Transportation suspending appellant's driving privilege that sets forth the ignition interlock requirements, IS STAYED. ~l~aul Bradford Orr, Esquire For Petitioner ~'George Kabusk, Esquire For the Department of Transportation :saa MICHAEL E. DARHOWER, Appellant VS. COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-3591 Civil Term : LICENSE SUSPENSION APPEAL : MOTION TO CONTINUE 1. On July 26, 2002, the Appellant filed his Petition for Appeal from Imposition of Ignition Interlock Requirements and Appeal from Suspension of Operator's Privilege. 2. On August 14, 2002, this Court set a hearing date for Monday, October 21, 2002 at 2:00 p.m. 3. Undersigned counsel respectfully requests a general six (6) month continuance in this matter. 4. George Kabusk, attorney for the Commonwealth of Pennsylvania, concurs with this request. WHEREFORE, the appellant requests a general six (6) month continuance. ~e~llf~t~ully ~F DFORD Date: ~J(° I 0~'''~ By'~~I~~ Submitted Paul Bradford 9rr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 ORR Page 1 of 1 SEP 0 2002 MICHAEL E. DARI-IOWER, Appellant VS. COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-3591 Civil Te~m LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that on this (D?YJh day of,X~ ~ ~ IXJ~2)i~ , 2002, I mailed a true copy of the foregoing Motion for Continuance to the following person at the following address by U.S. Mail First Class Mail, postage prepaid: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Deborah L. Gordon, Legal Assistant MICHAEL E. DARHOWER, PETITIONER COMMONWEALTI- DEPARTMENT OF BUREAU OF DRIV] AND NOW, tl filed in the above ref~ CORRECT THE RE PETITIONER COM INTERLOCK LAW. order as a condition t petitioner's violation DISTRIBUTION: .-O~eorge H. Kabusk, Es~ Harrisburg, PA ,,Pa~l B. Orr, Esquire, 5 OF PENNSYLVANIA, 'RANSPORTATION, R LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3591 LICENSE SUSPENSION APPEAL ORDER is ~.t-~ day of~ ,2003, the appeal enced matter is REMANDED to the Depa~t~ent and the Department shall CORD AND RESCIND THE REQUIREMENT THAT THE PLY WITH THE REQUIREMENTS OF THE IGNITION 42 Pa. C.S. 7001-7003, that the Department imposed without a coust the restoration of the petitioner's driving privilege as a result of the f Section 3731 of the Vehicle Code, violation date March 31, 2001. BY THE/GOURT/~ luire, PennDOT, Riverfront Office Center, 1101 South Frjtht Street, 17104-2516 , ~ ) East High Street, Carlisle, Pennsylvania 17013 k, OFFICE OF CHIEF COUNSEL - Vehicle & Traffic Law Division Riverfront Office Center I101 South Front Street Harrisburg PA 171044516 The Honorable Edga~ B. Bayley The Court of CommO~ Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 October 24, 2003 Re: Michael E. Darhower v. Cmwlth. of Pennsylvania., Dept. of Trans., Court of Conuflon Pleas of Cumberland County, 02-3591, License Suspension Appeal Dear Judge Bayley: i The above-referenced matter is an appeal of the imposition of the ignition interlock which the Department imposed without a court order. The petitioner challenged the authority of the Department of TranspOrtation to require the installation of an ignition interlock system in the absence of a court order directing such installation. See 42 Pa.C.S. {}7002. The matter wa* continued generally. Based on the provisions of the recently-enacted law addressing driving under the influence and ignition ~nterlock requirements, the Department adopted a policy in which it revised its position with respect to the imposition of the ignition interlock system and agreed to remove the ignition in]erlock requirement in those cases where :it had not been ordered by the court. I made representations of such policy to Attorney Orr regarding this case which had been continued and I feel etl~ically bound to follow through with my representatinns. Since that policy was adopted the Supre~ne Court issued Commonwealth ofPennxylvania v. Mockaitis, A.2d (Pa. 2003), posted on October 17, 2003, which upholds several of the Department's p~sitions- regarding the issues concerning the ignition interlock. Please find enc!osed a proposed Order for the above-mentioned matter. The proposed Order remands the appeal to the Department to update its records and remove the ignition interlock requirement which was imposed by the Department without a court order. I spoke to Mr. Orr, attorney for the petitioner, and he concurs with such a disposition and the proposed order. GOVERNOR'S OFFICE OE GENERAL COUNSEl TELEPHONE: 717.787.2830 FAX: 717.705.1 www. dot.state.pa.us Very truly yours, George H. Kabusk Cc: Paul B. Orr, E~quire, 50 East High Street, Carlisle, Pennsylvania 17013 Enclosure