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Stecker v. Commonwealth2/25/2004
Freedman v. Department of Transportation, Bureau of Driver Licensing, __ A.2d __ (Pa. Cmwlth. 2003, No. 1141 C.D. 2003, filed February 10, 2004), overruling our decision in Watterson v. Department of Transportation, Bureau of Driver Licensing, 816 A.2d 1225 (Pa. Cmwlth. 2003), this Court explained that the proper procedure to challenge PennDOT's imposition of the ignition interlock device requirement was to file a timely appeal from the notice of suspension. Because Licensee's appeal was untimely and because he did not assert any grounds justifying nunc pro tunc consideration of his appeal, the trial court lacked jurisdiction.
Accordingly, the order of the trial court is vacated and the matter is remanded with instructions to quash Licensee's statutory appeal.
ORDER
AND NOW, this 25th day of February, 2004, the order of the Court of Common Pleas of Lehigh County at No. 2003-C-0942, dated August 18, 2003, is vacated and the matter is remanded with instructions to quash Licensee's appeal.
Jurisdiction relinquished.
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