HomeMy WebLinkAbout02-3306 CivilLARRY LEE FOSTER
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER
LICENSING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-3306 CIVIL TERM
IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925
Guido, J. November ,2002
On November 6, 2001, petitioner was convicted of driving under the influence~ in
the Court of Common Pleas of Montgomery 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 agree that the case of Schneider v. Commonwealth of Pennsylvania, Department
1 75 Pa. C.S.A. § 3731.
2 See Ignition Interlock Device Act (42 Pa. C.S. §§ 7001-7003).
NO. 2002-3306 CIVIL
of Transporation, Bureau of Driver Licensing, 790 A.2d 3 63 (Pa. Commonwealth 2002)
is controlling. Based upon the Schneider case, we felt compelled to vacate that portion of
PennDOT's action which required the installation of ignition interlock devices as a
precondition to the restoration of petitioner's operating privileges.
DATE
Edward E. Guido, J.
Philip L. Zulli, Esquire
For the Appellant
George Kabusk, Esquire
For the Appellee
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