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Held v. Commonwealth2/11/2004
rtment of Transportation, Bureau of Driver Licensing, ___ A.2d ___ (Pa. Cmwlth., No. 1141 C.D. 2003, filed February 10, 2004), (1) the proper procedure to challenge the Department's imposition of the ignition interlock device requirement is to file a timely appeal from the notice of suspension and, (2) the rationale of Watterson, allowing nunc pro tunc appeals on the ground that the Department's unilateral imposition of an ignition interlock requirement was void ab initio, is inconsistent with the subsequent analysis of our Supreme Court in Commonwealth v. Mockaitis, ___ Pa. ___, 834 A.2d 488 (2003). Consequently, as Held has not asserted any grounds justifying a nunc pro tunc appeal, his appeal must be quashed.
Accordingly, we vacate common pleas' order and remand with instructions to quash Held's statutory appeal.
BONNIE BRIGANCE LEADBETTER, Judge
Judge Smith-Ribner dissents.
ORDER
AND NOW, this 11th day of February, 2004, the order of the Court of Common Pleas of Berks County in the above captioned matter is vacated and the matter is remanded with instructions to quash Held's appeal as untimely.
Jurisdiction relinquished.
BONNIE BRIGANCE LEADBETTER, Judge
Page 1 2 Pennsylvania DUI Attorneys
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