(Download) "Probst V. Commonwealth" by In the Supreme Court of Pennsylvania Middle District ~ eBook PDF Kindle ePub Free
eBook details
- Title: Probst V. Commonwealth
- Author : In the Supreme Court of Pennsylvania Middle District
- Release Date : January 26, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a direct appeal brought under 42 Pa.C.S. §722(7) from the order of the Court of Common Pleas of Clinton County, sustaining Appellee's statutory appeal and ordering the appellant, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing ("PennDOT" or the "Department"), to restore Appellee's operating privileges following a one year suspension for driving under the influence of alcohol ("DUI") whether or not he complies with Act 63 of 2000 ("Act 63" or the "Act"), 42 Pa.C.S. §§7001-7003, and installs an approved interlock ignition system on each of the motor vehicles he owns. *fn1 The bases for the trial court's order were two-fold: first, that Act 63 was unconstitutional under the separation of powers and equal protection doctrines; and second, that given the circumstances of Appellee's guilty plea, PennDOT's imposition of Act 63's requirements upon him violated fundamental fairness and due process. For the following reasons, we affirm the trial court's order declaring that Act 63 was unconstitutional in violation of separation of powers; we reverse the trial court's order declaring that Act 63 is unconstitutional in violation of equal protection; and we transfer PennDOT's appeal to the Commonwealth Court for disposition of the trial court's determination that fundamental fairness and due process preclude PennDOT from imposing Act 63's requirements upon Appellee.
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