HomeMy WebLinkAbout01-5315 civil RANDY LEE MYERS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-5315 CIVIL TERM
COMMONWEALTH OF LICENSE SUSPENSION APPEAL
PEN N SYLVAN IA
DEPARTMENT OF
TRANSPORTATION,
Defendant
ORDER OF COURT
AND NOW, this 19th day of December, 2001, upon review of the record
and proceedings in connection with the appeal of this suspension, the appeal is
hereby sustained.
Before the Court is an appeal from an Interlock Order from the
Pennsylvania Department of Transportation which was served by official notice
on August 9, 2001.
The Court notes that on July 24, 2001, the defendant was sentenced by
the Honorable J. Wesley Oler, Jr. Judge Oler did not impose a Guardian
Interlock sanction following the completion of the defendant's suspension.
Consequently, no appeal was taken from the sentence.
The defendant was then served with an official notice form PennDOT
indicating Guardian Interlock would be imposed. Further, the Court notes that
the Pennsylvania Department of Transportation, in its Exhibit 1, had before it a
DL21 form filled out by the Cumberland County Clerk of Court which indicated
that the ignition interlock requirement was not necessary. Judge Oler had before
him, prior to the imposition of sentence, the result of the decision of
Commonwealth v. Mockaitis, 50 Cumberland County Law Journal, 2001. In
Mockaitis, Judge Bayley ruled that a Guardian Interlock suspension following a
defendant's license suspension is unconstitutional. That case is presently
pending before the Pennsylvania Supreme Court.
We further note that other cases are before our appellate courts which may
bear a closer resemblance to the facts here. The Department has referred us to
the case of Commonwealth v. Brobst, which is docketed at 0081-MD-2001. The
resolution of .Brobst may be directly relevant to this case; nonetheless, this Court
is bound by the rule of comity with Judge Bayley's decision. That was also
argued and heard before a three-judge panel of this Court.
Therefore, for all the foregoing reasons, the appeal of Randy Lee Myers
was sustained. The Pennsylvania Department of Transportation is directed to
remove the Guardian Interlock requirement from all further proceedings
associated with Myers's license.
By the Court,
/.~/~VI~H ~ffe r, { p.j.
Matthew R. Gover, Esquire
2411 North Front Street
Harrisburg, PA 17110
For the Plaintiff
George H. Kabusk, Esquire
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center-3rd Floor
1101 South Front Street
Harrisburg, PA 17104-2516
For PennDOT