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Home My WebLink About96-01523 f 'r\ ~ I ... i ~ " ) /1 ,l J J IT) ~ '~ ' i i .........r" I .. --'-<- -...j r ' ..::r- j MICHAEL RYAN HANKINS Petitioner v. 111 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q(p - I J).? C!...t{l-~L jJ.~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent LICENSE SUSPENSION APPEAL omll:~ AND NOW, this ';'1L,il. day ot-.-~, Petitioner'S appeal in the above-captioned 1996, upon receipt of hereby scheduled for ':1) \'1 'J lOr- 1996 the Cumberland County Courthouse. matter, a hearing is at r~ O'cloCka.~. Courtroom ~ of P.ursuant to Section 1550 of the Vehicle Code, this Order will act as a supersedeas and no act ion shall be taken by the Department against Petitioner's driving privileges until such time as there has been a formal hearing and adjudication in this matter. ,/ / ay~l _c~ J. ,\'l\j\~1o \ kJ (\ \1,\J;...Y'l >:. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 FEBRUARY 19, 1996 MICHArL RYAN HANKINS 23 CLOVrR LN 'b00384220011'4 001 02/1211'% H1572b8 Dl/2b/l'5' MrCHANICSBURG PA 17055 Dear Motorist. As a result of your violation of Section 1547 of the Ve- hicle Code, CHEMICAL TEST REFUSAL on 12/24/1995, your driving privilege is being SUSPENDED for a periOd of 1 YEARCS). , , , i In order to comply with this sanction YOU are required to return any current d~iver's license, learner.s permit and/or temporary driver's license Ccamera card) in your possession no later than the effective date listed. If yOU cannot com- ply with the requirements stated above, yOU are required to submit a DL16LC Form or a letter acknowledging the sanction of your driving privilege. Failure to comply with this no- tice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571Ca)C4) of the Vehicle Code. " I , I I J I I I Although the law mandates that your driving privilege is un- der SUspension even if yOU do not surrender your license, credit will not begin until all current driver's license productCs), the DL16LC Form. or a letter acknOwledging Your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTHENT IHMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Effective Date of Suspension: 03/25/1996, 12:01 a.m. .._-**...................*.......................................... IWARNING, If YOU are convicted for driving while your license is I 'suspended, the penalties will be: not less than 90 days imprison-' Iment and a $1,000 fine and an additional 1 Year sUspenSion. , ..................-..........-.-.-.......-........-................. EXHIBIT "A" 960038422001194 Plea~e see the enclosed application 'or restoration 'ee in- 'or.ation. You have the right to appeal the Depart.ent.s action to the Court 0' COllllllon Pleas (Civil Division) within 30 days 0' the lIIail date (FEBRUARY 19, 1996) 0' this noUcs. PLIASI NOT I that this Civil App.ai is in addition to any appeal yoU have to 'ile 'rolll the crilllina1 conviction. You IIIUSt 'ollow the instrucl.iulls 1i3ted below accordin!! to your indivtdual situ- ation. 1. PENNSYLVANIA RESIDENT I' you are a resident of Pennsyl\ania, you IIIUSt file an appeal with ths Court 0' COIII~ lIIon Pleas in the County of your residence. Sending a COpy of the appeal which YOU filed with the Court, to the Depart- lIIent, will postpone the Depart.ent.s action pending a final decision by the Court if the appeal was filed within ths re- quired 30 days. However, if your privilege to operate a cOllllllercial lIIotor vehicle has been DISQUALIFIED, a signed supsrsedeas by the judge lIIust accompany your appeal. 2. NON-RESIDENT - If you are not a resident of Pennsylvania, yOU IIIUSt file an appeal with the Court of COIII.on Pleas in the Pennsylvania County where the violation occurrsd. Sending a copy of the appeal which you filed with the Court, to the Departlllent , will postpone the Department's action pending a final decision by the Court if the appeal was filed within the required 30 days. THE APPEAL MUST BE SENT BY CERTIFtED MAIL TOI PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL ROOM 103. TRANSPORTATION a SAFETY BUILDING HARRISBURG. PA. 17120 Sincersly, ~~,~ ! Rebecca L. Bickley, Director Bureau 0' Driver Licensing I I , ~ I~ '" ~ 'l IV) :.... 'j .111 ( ~ , ~ ( , , L. l',_ ~ Ii>- ~ g i~ Cll-E'" I ~ oil j i ni~11 U en a ~ ffi . ~J: . . . . - ."(..11.., ~' MANCKE. WAGNER. HERSHEY & TULLY ~~p m ,00'Me ......w;,,,..:) M h..' ... *"ITTIIoI IIIIUC.... to ,... :'';fM;'"Vwt''''' t:J 0"" 'IW;.. =';:'~~f~lj' .. -----.~-_.- ., . ~ . ;; ~ '/ '- WI! 00 HIfA"'8Y CL!'-""" fltA' TW. WITHI,. IS .. fH1J1:' ANO ';(lM. IlI.Cf co"v 0' ',..1 1)14101""1 "IUD IN nil!'! AC tlOU 11"'__- \,.......... '-"'U;ll.5 ~ ~; ". " ,-t)-r:.::r;r~': ~. '-:.: .- - , ' .... ~ "" I ... I .... j, ......' '-.. ...;, j ) ; '.'-, I' . " I, Ii Ii :'" . " I' II t' i~ . \f' i, I. ; y I i' tl f' I. ., .. MICHAEL RYAN HANKINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION 96-1523 CIVIL TERM IN RE: APpE~L. FROM SUSPENSION OF DRIVING PRIVILEGE OPINION AND ORDER OF COURT BAYLEY, J., June 28,1998:- A hearing was conducted on June 24, 1996, on the appeal of Michael Ryan Hankins, from a notice by the Department of Transportation suspending his driving privilege for one year for failing to take a chemical test In violation of the Vehicle Code at 75 Pa.C.S. Section 1547(b){1). We find the following facts. At 9:28 p.m. on December 24, 1995, Patrolman Warren Comellous of the Camp Hili Police Department was in a marked patrol car that was stopped at a red light on Trlndle Road at the Intsrsection of 32nd Street In Camp Hili. When the light tumed green, Officer Comellous started to enter the Intersection. At that point, a car driven by petitioner bore down on him from his left. Officer Comelious tumed his car hard right to avoid being struck. Petitioner went through the intersection and Officer Comellous stopped him shortly thereafter. Petitioner's eyes were blood shot and glassy. He was slow and deliberate In removing his cards from his wallet. The officer detected a strong odor of alcohol. Officer Comellous asked petitioner If he had been drinking. Petitioner said he had two beers before he left a restaurant where he had been working. The officer had petitioner perform field sobriety tasts. Petitioner did , 96-1523 CIVIL TERM poorly on a walk and turn test and one leg stand test. The officer also conducted a horizontal gaze nystagmus test. Officer Comellous arrested petitioner for driving under the Influence and took him to the Harrisburg Hospital for a blood test. Petitioner refused to give routine registration Information to the clerk In the emergency room. A staff technologist came to draw petitioner's blood. At 10:05 p.m. Officer Cornelious read petitioner his rights under the Implied Consent Law from Form DL-26. The officer asked petltlonar if he understood those rights. There was a blank stare and no response. The officer asked petitioner If he would sign a consent form. There was no response. The officer asked petitioner If he would consent to take a test and there was no response. The staff technician asked petitioner If he would take a test. Again, petitioner did not respond. Finally, the officer told petitioner that he would deem his silence as a refusal to take a test. There was no response. The officer then took petitioner to the Camp Hili pollee station. Petitioner's father was called. Petitioner talked to his father after which he told the officers the Information they needed to complete his booking. Petitioner was then released to his father. In order to sustain a license suspension under Section 1547(b)(1) of the Vehicle Code, the Department must prove that the licensee (1) was arrested for driving under the Influence of alcohol; (2) was asked to submit to a chemical test; (3) refused to do so; and (4) was specifically warned that the refusal would result In a license suspension. Department of Transportation, Bureau of Driver LIcensing v. -2- 96-1523 CIVIL TERM Tomczak, 132 Pa. Commw. 38 (1990). In Keane v. Commonwealth, Departme,~t of Traneportatlon, 127 Pa. Commw. 220 (1989), the Commonwealth Court stated: In order to justify the suspension of operating privileges for refusal to submit to a . . . test, an arresting officer must have 'reasonable grounds to believe the person to have been driving, operating or In actual physical control of the movement of a motor vehicle: (1) while under the Influence. . . .' The test for reasonable grounds is not very demanding. If a reasonable person in the position of the arresting officer, viewing the facts and circumstances as they appeared to the arresting officer, ,could have concluded that the motorist had operated the vehicle while under the Influence, such reasonable grounds are established. (Citations omitted). Based on our findings of fact, we conclude that Officer Cornelious had reasonable grounds to believe that petitioner was operating his vehicle while under the Influence of alcohol. After petitioner was arrested for driving under the Influence, he was specifically warned that a refusal to take a blood test would result In a one year license suspension. Anything substantlaliy less than an unqualifled, unequivocal assent to take a test constitutes a refusal under Section 1547 of the Vehicle Codd. Department of Traneportatlon, Bureau of Traffic Safety v. Mumma, 79 Pa. Commw. 108 (1983). A driver's silence when asked to take a test constitutes a refusal. Commonwealth, Department of Traneportatlon, Bureau of Driver L1cenelng v. Wicke, 136 Pa. Comrnw. 322 (1990). Accordingly, the following order Is entered. ORDER OF COURT AND NOW, this '2..1 day of June, 1996, the appeal of Michael Ryan Hankins from the suspension of his driving privilege for one year, IS DISMISSED. -3-