The reasonable amount of time is 90 days – the PSP asked the Pa Judicial Committee for 9 – 18 months.
The Pa. law on a Mandamus is immediate in time of an injunction.
ACT 10 seems civil in collateral consequence as it reads –
But you cannot let the PSP determine what is Civil in ACT 10 – The removal of all the punitive stuff from the old ML 2 is the re write for ACT 10. The case they will have to meet is Commonwealth J.B. that says that a punitive element is not needed to show ACT 10 is criminal.
If a civil law has a criminal result – it is criminal- That is how Reed made it by the Civil law application argument.
ACT 10 is in front of us a civil but it’s results will show it true law nature as criminal – for if you don’t obey ACT 10 you will go to Jail.
That is criminal in result. The Pa. Assemble is on a kick to return to the old school way of arguing ex post facto application. by saying it is civil – when this is brought before the courts in Pa. they will see the results.
Commonwealth v. Williams is the case to read on the issue of this. That court of the old school is gone…
No one can file in court until the PSP issues notice to put people on ACT 10.
Act 10 is not the reasonable time you are talking about – you are talking about them taking to long to get to your file now. Mandamus is the writ and it has no time on injunction relief. It is immediate as soon as the mandamus hits the court.