HomeMy WebLinkAbout01-6604 CIVILCOMMONWEALTH OF PA.,
DEPARTMENT OF TRANSP.,
BUREAU OF DRIVER
LICENSING
VS.
DAVID A. RICHARDSON, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6604 CIVIL
CIVIL ACTION - LAW
IN RE: OPINION PURSUANT TO RULE 1925
In this case, the petitioner, David A. Richardson, Jr., received a notice dated October 24,
2001, wherein the Pennsylvania Department of Transportation notified him that as a result of his
August 21,2001, conviction for driving under the influence, his driving privilege would be
suspended for a period of one year. In addition, the notice indicated that, before his driving
privileges would be restored, he would have to comply with a requirement that all vehicles
owned by him be equipped with an ignition interlock system.
On March 8, 2002, this court entered an order sustaining the petitioners appeal with
respect to that portion of his drivels license suspension which reads as follows:
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.
Our order was entered in accordance with Albert Schneider v. Com. of Pa., Dept. of
Transp., Bureau of Driver Licensing, 1513 C.D. 2001 (Pa. Cmwlth. 2002). In that case, the
Commonwealth Court was presented with the same situation that pertains in the matter sub
judice. Namely, though the sentencing court failed to impose an ignition interlock requirement,
PennDOT has sought to impose the requirement absent a court order. In Schneider, the court
held expressly that PennDOT has no unilateral authority to impose ignition interlock device
requirements if the trial court fails to do so. It was because of this express holding that we
entered our order of March 8, 2002.
May 6, 2002
Terrance Edwards, Esquire
For PennDOT
James K. Jones, Esquire
For the Appellant
Kevin A. Hess, J.
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