HomeMy WebLinkAbout02-4292
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Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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COMMONWEALTH OF PENNSYLVANIA:
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING
PETITION FOR APPEAL FROM IMPOSITION OF
IGNITION INTERLOCK REOUIREMENTS
1. Appellant herein is (Y7,LhA~L.rnA~S~
residing at and having a mailing address of: -1J 0 I d AR€ /Y\6t-.\T Rd
IAl2h~\~ Pf\ 00\1
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mailing address of: Department of Transportation, Bureau of Driver
Licensing, Harrisburg, Pennsylvania, 17123.
3, By letter or notice dated g /::}(') J 6:2 , a copy of which is attached hereto
I
as Exhibit A, the Department of Transportation suspended Appellant's operating privileges as a
result ofhislher 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.
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: AUGUST 20, 2002
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MICHAEL E MATTESKV
403 N BEDFORD STREET
WID. 022256112264143 001
PROCESSING DATE 08/13/2002
DRIVER LICENSE. 24352723
DATE OF BIRTH 04/26/1969
CARLISLE PA 17013
LICENSE IN BUREAU
Dear MR. MATTESKY:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1532B of the Pennsylvania
Vehicle Code. As a result of your 04/03/2002 conviction of
violating Section 3731 of the Vehicle Code DRIVING UNDER
INFLUENCE on 09/21/2001:
. Your driving privilege is SUSPENDED fo~ a pe~iod of 1
YEAR(S) effective 04/23/2006 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
***********************************************************
This suspension is in addition to any other suspensions
already on your record.
PRISON RELEASE REQUIREMENT (ACT151)
The Court of CUMBERLAND CTY, Court Number 2513, 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 not 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
notified.
022256112264143
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.
PROVIDING PROOF OF INSURANCE
Within the last 30 days of your suspension/revocation, we
will send you a letter asking that you provide proof of
insurance at that time. This letter will list acceptable
documents and what will be needed if you do not own a vehicle
registered in Pennsylvania.
Important: Please make sure that
move from your current address.
your address change by calling
listed at the end of this letter.
PennDOT
You may
any of
is notified if you
notify PennDOT of
the phone numbers
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, AUGUST 20, 2002, of this letter. I~ you ~ile an appeal
in the County Court, the Cowrt will give you a tifte-stamped
certi~ied copy o~ the appeal. In order for your appeal to
be valid, you must send this time-stamped certified copy of
the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Remember, this is an OFFICIAL NOTICE OF SUSPENSION.
Sincerely,
~~,~
Rebecca L. Bickley, Director
Bureau of Driver Licensing
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. 9 4904, relating to
unsworn falsification to authorities,
Date: ~/~ ~L
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?d/~b
Appellant
Appellant respectfully requests that this matter be set down for a hearing and that the
imposition of ignition interlock requirements imposed on Appellant by PennDOT be set aside.
Respectfully submitted,
~~
~ A ~ant
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NOTE, I Whoo filillg dU, Pclitioo in tho Prothooo",'Y" om" i. llio C"mb~l~d Co~~ \
! Coort Hoooc, '00 mrurt brio, willi yoo ~ origi,,", .go,d Potiti.. '"" fh= ' \
. photocopies, You must also provide the Prothonotary with two additional copies \
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of the Order of Court and two stamped envelopes, one addressed to you and the
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other addressed to PennDOT at the address in paragraph 2. Be sure to include a
photocopy of your letter from PennDOT as Exhibit A. The filing fee for this
Petition is $45,50.
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SEP 11 lUnl
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
C.. "": t... 7 e.r"'-
: NO. Pol- 'I,}..q)...
v.
COMMONWEALTH OF PENNSYLVANIA:
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRNER LICENSING
~ ORDER OR COURT
AND NOW, !hi, J ?-daYOf~ ,200J, h=d upoo App.llaot',
App.oJ, a homing ,ball h. held on j/U.f,n1 ,the (; fk;f.y of ~ ,
201..:J.at /1.' t1ZP'c1ock~. in Courtroom No. 3-, Cumberland County Courthouse,
Carlisle, Pennsylvania.
BY THE COURT,
Appellant
PennDOT
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MICHAEL MATTESKY,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
COMMONWEALTH OF PA., DEPT. OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Appellee
02-4292 CIVIL TERM
APPEAL FROM LICENSE SUSPENSION
IN RE: APPEAL FROM LICENSE SUSPENSION
ORDER OF COURT
AND NOW, December 6, 2002, upon consideration of
interlock requirements, the appeal is sustained to the extent
appellant's petition for appeal from imposition of ignition
ignition interlock systems, as a prerequisite to scheduled
20, 2002, notice requiring appellant to equip his vehicle with
that the portion of the Department of Transportation's August
restoration of his driving privilege, is rescinded. See
2002.
Garretson v, PennDOT, 02-3832 Civil Term, Cumberland County,
By the Court,
~.J.
Michael Mattesky, Appellant
403 North Bedford Street
Carlisle, Pa. 17013
George Kabusk, Esquire
For Appellee
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT 0 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
MICHAEL MATTE SKY,
Appellee
vs.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
}
}
}
}
}
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, P A
NO. 02-4292 Civil Term
Notice of Appeal
Notice is hereby given that the Commonwealth ofPenns.ylvania, Department of Transportation,
Bureau of Driver Licensing, hereby appeals to the Commonwealth Court ofPennsylvania from the order that
was filed in this matter on December 16, 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,
~.~.
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 0 F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DNISION
BY: TERRANCEM. EDWARDS
ASSIST ANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
MICHAEL MA TTESKY,
Appellee
vs.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRNER LICENSING,
Appellant
}
}
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, P A
NO. 02-4292 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 recordl as the Appellant, Commonwealth of
Pennsylvania, Department of Transportation, Bureau of Driver Lic:ensing, does not desire a copy of the
transcript.
-
...____ I
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TERRANCE M. EDWARDS
Assistant Counsel
Appellate Section
Riverside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
{(17) 787-2830
tJYS510
Page
1
Cumberland County Prothonotary's Office
Civil Case Inquiry
2002-04292 MATTESKY MICHAEL E (vs) PENNSYLVANIA DEPT OF TRANS
Reference No. , :
Case Type.,...: APPEAL - LICENSE SUSP
Judgme~,.,.,. .00
J-y.dge Assigned:
Dlsposed Desc. :
------------ Case Comments -------------
Filed. , . , , . , . :
Time,."..... :
Execution Date
Jury Trial. , . ,
Disposed Date.
Higher Crt 1,:
Higher Crt 2.:
9/10/2002
8:08
0/00/0000
0/00/0000
**************************************************'k*****************************
General Index Attorney Info
MATTESKY MICHAEL
1101 CLAREMONT ROAD
CARLISLE PA 17013
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION
OFFICE OF CHIEF COUNSEL
3RD FL RIVERFRONT OFFICE CT
HARRISBURG PA 17104
APPELLANT
APPELLEE
********************************************************************************
* Date Entries *
********************************************************************************
9/10/2002
9/17/2002
_ _ _ _ _ _ - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
APPEAL FROM SUSPENSION OF DRIVERS LICENSE
-------------------------------------------------------------------
ORDER OF COURT - DATED 9/17/02 - IN RE APPEAL A HEARING SHALL BE
HELD ON 12/6/02 AT11:00 AM IN CR 3 CUMBERLAND COUNTY COURTHOUSE
CARLISLE PA - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED
-------------------------------------------------------------------
ORDER OF COURT -DATED 12/6/02 - IN RE APPEAL FROM SUSPENSION - IN
RE PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK
REQUIREMENTS THE APPEAL IS SUSTAINED OF IGNITION THAT THE PORTION
OF THE DEPT OF TRANS 8/20/02 NOTICE REQUIRING APPELLANT TO EQUIP
HIS VEHICLE WITH IGNITION INTERLOCK SYSTEMS IS RESCINDED BY THE
COURT GEORGE E HOFFER PJ COPIES MAILED
_ _ _ _ _ _ - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
12/16/2002
********************************************************************************
* Escrow Information *
* Fees & Debits Beo Bal Pvmts/Adi End Bal *
*****************************************~******~*******************************
APPEAL LIC SUSP
TAX ON APPEAL
SETTLEMENT
AUTOMATION FEE
JCP FEE
35.00 35.00 .00
,50 .50 .00
5,00 5,00 .00
5.00 5.00 .00
5.00 5.00 ,00
------------------------ ------------
50.50 50,50 .00
*************************************************;,******************************
* End of Case Information *
*************************************************;,******************************
TRUE COpy FROM RECORD
In Testimony whereOf, I hef.; untlJ set my flar:.(1
cmd the saal of said (;, ' at CafUsle. Pa.
~~~ day- of _
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT 0 F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSIST ANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
MICHAEL MA TTESKY,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, P A
vs.
}
}
}
}
}
NO. 02-4292 Civil Term
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
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 ofPa. R.A.P. 121:
First Class Mail; Postage Pre-P'aid;
Addressed as Follows:
Judge George E. Hoffer
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
Court Reporter
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
Michael Mattesky
Pro Se Appellee
403 North Bedford Street
Carlisle, PA 17013
~~
, 'ry LD~~
DANA M. BRESSLER
Appellate Paralegal for Vehicle & Traffic Law Division
Date: January 3, 2003
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MICHAEL MA TTESKY
Appellee
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VNIA
: 02-4292 CIVIL TERM
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, BUREAU
OF DRIVER LICENSING,
Appellant
IN RE: STATEMENT OF REASONS
ORDER OF COURT
AND NOW, January 7, 2003, notice having been received that an
appeal has been taken in the above-captioned matter, it is ordered and directed that
the appellant forthwith file with the trial judge a concise statement of the matters
complained of on the appeal, together with reference to any statutory authority or
any rule of court. Upon the failure of the appellant to file such reasons within ten
days, the court will presume that the appeal has been abandoned,
Terrance M, Edwards
Assistant Counsel, Appellate Section
Riverside Office Center - 3rd Floor
1101 South Front Street
Harrisburg, PA 17104-2516
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Michael Mattesky
Pro Se Appellee
403 North Bedford Street
Carlisle, PA 17013
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCEM.EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY J.D. NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
MICHAEL MA TTESKY,
Appellee
} IN THE COURT OF COMMON PLEAS
} OF CUMBERLAND COUNTY, P A
vs.
}
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, }
BUREAU OF DRIVER LICENSING,
Appellant }
NO. 02-4292 CIVIL TERM
Concise Statement of Matters Complained of on Agpeal
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
NOW COMES the Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Driver Licensing, Appellant, by and through its attorney, Terrance M. Edwards,
and, in compliance with the requirements ofPa. R.A,P. 1925, hereby sets forth the matters
about which it complains with respect to its appeal of this Court's order of December 6,
2002:
1. The trial court erred as a matter of law when it held that the Department of
Transportation, Bureau of Driver Licensing, does not have a clear statutory duty and
mandate to enforce the requirements of the Ignition Interlock Law, 42 Pa.C,S, SS700l-
7003, regardless of whether a criminal trial court has complied with its statutory duty under
42 Pa.C,S, S7002, This clear and unambiguous statutory mandate is found in 42 Pa.C.S.
S7003 and prohibits the Department of Transportation from restoring the operating privilege
of any repeat DUI offender who does not comply with the requirements of the Ignition
Interlock Law and requires the Department to issue such a repeat DUI offender an ignition
interlock restricted driver's license following that offender's completion of service of the
one-year suspension mandated by 75 Pa.C.S, S1532(b)(3) as a consequence of the
offender's DUI conviction, While the Department recognizes the Commonwealth Court's
holdings in Turner v. Department of Transportation, Bureau of Driver Licensing, 805 A.2d
671 (Pa. Cmwlth. 2002), and Schneider v. Department of Transportation, Bureau of Driver
Licensing, 790 A.2d 363 (Pa. Cmwlth. 2002), and that those holdings are binding upon the
trial court, the Department continues to believe that Turner and Schneider were wrongly
decided on that point of law and it continues to litigate this issue before the Pennsylvania
Supreme Court. The Department further submits that this issue has not yet been finally
decided, as the Supreme Court is actively considering the issues disposed of by the
Commonwealth Court in Turner and Schneider in the case of Probst v. Department of ,
Transportation, Bureau of Driver Licensing, No. 81 MAP 2001, and similar issues are
before the Supreme Court in the case of Commonwealth v. Mockaitis, No. 32 MAP 2001.
The Department has also filed petitions for allowance of appeal of the Commonwealth
Court's decisions in Turner and Schneider, one of which the Pennsylvania Supreme Court
has placed on "hold" pending its disposition of the appeals in the Probst and Mockaitis
cases,
2. The trial court erred if it sustained, even in part, the driver's challenge to the
Ignition Interlock Law since that law is constitutional both on due process, equal protection
grounds and under the principle of separation of powers and the driver failed to establish
that the statute offends any provision of either the United States or Pennsylvania
Constitutions, See Turner v. Department of Transportation, Bureau of Driver Licensing,
805 A.2d 671 (Pa, Cmwlth. 2002) (Ignition Interlock Law does not violate equal protection,
due process or the constitutional principle of separation of powers); Frederick v.
Department of Transportation, Bureau of Driver Licensing, 802 A.2d 701 (Pa. Cmwlth.
2002) (Ignition Interlock Law does not constitute an ex post facto law); Commonwealth v.
Etheredge, 794 A.2d 391 (Pa. Super. 2002) (Ignition Interlock Law does not violate either
the Equal Protection or Due Process Clauses of the United States or Pennsylvania
Constitutions). Contrary trial court decisions, such as Commonwealth v. Riggs, 53 Pa, D. &
C.4th 309 (C.P. Cumberland 2001), and Commonwealth v. Mockaitis, 54 Pa. D. & C.4th 115
(C.P. Cumberland 2001), which held that the Ignition Interlock Law is unconstitutional,
have been implicitly overruled by these intermediate appellate court decisions.
3. The Department reserves the right to argue any additional issues that may be
raised by the common pleas court's opinion filed in support of that court's order of
December 6, 2002.
Respectfully submitted,
r- , J...,
",..,-
Terrance M. Edwards
Assistant Counsel
Appellate Section
Vehicle & Traffic Law Division
Attorney LD. No. 25231
Attorney for Appellant
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY I.D. NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
MICHAEL MATTE SKY,
Appellee
} IN THE COURT OF COMMON PLEAS
vs.
} OF CUMBERLAND COUNTY, PA
}
}
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Appellant
} NO. 02-4292 CIVIL TERM
Certificate of Service
I hereby certify that I have on this day and date duly served a true and correct copy of
the foregoing Concise Statement of Matters Complained of on Appeal upon the following
persons in the following manner, which service complies with the requirements of Pa,
R.A.P.121:
First Class Mail; Postage Pre-Paid;
Addressed as Follows:
The Honorable George E. Hoffer
President Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Michael Mattesky
Pro Se Appellee
403 North Bedford Street
Carlisle, P A 17013
Date: January 17, 2003
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TERRANCE M. EDWARDS
Attorney for Department of Transportation