(Download) "Commonwealth V. Mockaitis" by In the Supreme Court of Pennsylvania Middle District * eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth V. Mockaitis
- Author : In the Supreme Court of Pennsylvania Middle District
- Release Date : January 16, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This is a direct appeal from the decision of a three-judge panel of the Court of Common Pleas of Cumberland County granting limited post-sentence relief following appellee's conviction for driving under the influence of alcohol (DUI). 75 Pa.C.S. § 3731. The court below granted relief only to the extent that it vacated its original directive that ordered appellee to install an approved ignition interlock system on each of his motor vehicles as a condition precedent to restoration of his operating privileges by the Pennsylvania Department of Transportation (Penn DOT or the Department). In granting this relief, the panel declared unconstitutional on its face certain provisions of Act 63 of 2000, codified at 42 Pa.C.S. §§ 7001-7003, which amended the Judicial Code to require sentencing courts to order installation of such interlock ignition systems on a serial DUI offender's motor vehicles and then to certify to the Department that such systems had been installed. Id. § 7002(b). The trial court found that the Act's vesting of responsibility in the trial court to order and certify installation of the systems was unconstitutional on equal protection grounds and on grounds sounding in both separation of powers and procedural due process.
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