HomeMy WebLinkAbout02-2354 CivilMICHELLE ANNE SHRIVER
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER
LICENSING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-2354 CIVIL TERM
CIVIL ACTION - LAW
IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925
Guido, J., January ,2003
On February 19, 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 her 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 her operating
privileges.2 Petitioner objected to the requirement that she install the ignition interlock
devices. We sustained her 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)
75 Pa. C.S.A. § 3731
See Ignition Interlock Device Act (42 Pa. C.S.A. §§ 7001-7003).
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.
Douglas K. Marsico, Esquire
For the Appellee
Terrance M. Edwards, Esquire
For the Appellant
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