HomeMy WebLinkAbout02-3312 CivilWILLIAM P. REISINGER,
JR.
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER
LICENSING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-3312 CIVIL
CIVIL ACTION - LAW
IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925
Guido, J. January ,2003
On April 23, 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 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 agreed that the case of Schneider v. Commonwealth of Pennsylvania, Department
of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa. Commonwealth 2002)
is controlling. Based upon the Schneider case, we felt compelled to vacate that portion of
75 Pa. C.S.A. § 3731.
See Ignition Interlock Device Act (42 Pa. C.S. § § 7001-7003).
PennDOT's action which required the installation of ignition imerlock devices as a
precondition to the restoration of petitioner's operating privileges.
DATE
Edward E. Guido, J.
Paul B. Orr, Esquire
For the Appellee
Terrance M. Edwards, Esquire
For the Appellant
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