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Home My WebLink About02-4786JOHN D. HIPPENSTEEL Pef~oner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02--'-/~7£~, ~ '7"~..~ UCENSE SUSPENSION APPEAL AND NOW, this 1= day of Ocfuber, 2002, comes John D. Hippensteel, through his attorneys, Mancke, Wagner & Tully, who respectfully represent 1. Your Pe~oner, John D. Hippensteel, is an adult individual residing at 105 Flinlstone Drive, Newville, Cumberland County, Pennsylvania. 2. The facts and occurrences hereinafter related occurred in Cumberland County, Pennsylvania. 3. Your Pe~oner received a nolJce of license suspension, a copy of which is attached hereto and made a part hereof as Exhibit A, indicating the Department was suspending Your Pe§tioner as a result of an alleged violalJon of §1547 of the Pennsylvania Motor Vehicle Code fur an alleged refusal which is alleged to have occurred August 9, 2002. 4. Your Pe~lioner believes, and therefure avers, that said license suspension is illegal, unjust and improper fur reasons which include, but are not limited to, the fullowing: (a) there were no reasonable grounds fu believe that Your PelJlJoner was operating a motor vehicle while under the influence of alcohol; (b) Your Pati'doner was never properly informed of his obligations and/or dghts concerning the taking of the chemical test; (c) Your Pe~oner was not propedy advised of any required warnings concerning the taking of and/or the refusal to take the test; (d) there was no valid request to take the chemical test; (e) the police oflicer never requested chemical testng; (t~ there was no valid refusal to take chemical testng; (g) any chemical test warnings and/or the report of a refusal to submit to chemical testing were improper; and (h) any arrest of the Pettoner was improper, illegal and unjust. WHEREFORE, Your PefJtoner prays Your Honorable Court to hold a hearing to determine the validity of the license suspension outined in Exhibit A. Dated: September30, 2002 Resp.ec~lly submitted, John ~ ID No. 07212 Mancke, Wagner & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Altorney for I hereby verify thatthe statements made in this document are true and CO~TeCL I understand that false stalements heroin are made subject to the penalizes of 18 Pa.C.S. SeclJon 4904, relating to unsworn falsilical~on to authorities. 3 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 02, 2002 JOHN DAVID HIPPENSTEEL 105 FLINSTONE DR NEWVILLE PA 17241 WID # 022386102373536 001 PROCESSING DATE 08/26/2002 DRIVER LICENSE ~ 60012123 DArE OF BIRTH 09/10/1962 LI CENS'E'- IN Dear MR. HIPPENSTEEL: This is an O~ficial Notice of the Suspension of your Driving Privilege as authorized by Section I5~? of the Pennsyivania Vehicie Code. As a result of Your violation of Section I5q7 of the Vehicie Code, CHEMICAL TEST REFUSAL, on 08/09/2002: " Your driving Privilege is SUSPENDED fo~ a Period of 1 YEAR(S) effectAve 09/02/2002 at 1E:01 a.m. This suspension is in addition to any other suspensions al- reedy on your record. WARNING: If you are convicted of driving while Your license is suspended/revoked the Penalties will be a MINIMUM of 90 days imprisonment AND a $1,000 fine AND Your driving privilege will be suspended/revoked for a MINIMUM 1 Year period APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 02, 2002, of this letter. If you file an appeal in the County Court, the Court will give you a time- stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail to: PennsYlvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember~ this is an OFFZCIAL NOTICE OF SUSPENSION. 022386102575536 S±ncerely, Rebecca L. BickIey, Director BUreau of Driver L/censing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE " 1~800-932-4600 TDD ~N STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-$91-6191 JOHN D. HIPPENSTEEL Pe~oner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. O~- AND NOW, ~s/___~__'Z~Jday of O P_..7~ ~ .2002, uponconadera~onofthev~thin Pe~on, it is hereby o~demd and decreed that a hearing be held on the _~_~i~ay of ~~~-~ 2002, at~' ~"'o'clock in Courlmom *,J , Cumberland County Courthouse, Carlisle, Pennsylvania. Nolice ~seid headng shall be sent by cedified mail to ~ Depalment of Transportalion by Pelilioner's attorney at least sixty days prior to the date of the he~ng. JOHN D. HIPPENSTEEL V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4786 CIVIL CIVIL ACTION - LAW IN RE: LICENSE SUSPENSION APPEAl. BEFORE GUIDO, J. ORDER OF COURT AND NOW, this 30TM day of DECEMBER, 2002, after hearing, and for the reasons set forth in the accompanying opinion, the department's suspension of appellant's operating privileges for one year pursuant to § 1547 of the Vehicle Code is SUSTAINED and the appeal is DISMISSED· Edward E. Guido, J. · '~ohn Mancke, Esquire For the Defendant ~ept. of Transportation For the Commonwealth :sld JOHN D. HIPPENSTEEL V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4786 CIVIL CIVIL ACTION - LAW LICENSE SUSPENSION APPEAl, BEFORE GUIDO~ J. OPINION AND ORDER OF COURT Before us is the appeal of John David Hippensteel (hereinafter "appellant") from the suspension of his operating privileges by the Commonwealth of Pennsylvania, Department of Transportation. The department suspended appellant's license pursuant to § 1547 of the Vehicle Code~ as a result of his refusal to submit to chemical testing on August 9, 2002. An evidentiary hearing was held before us on December 6, 2002. For the reasons hearinafter set forth, the action of the department will be sustained and the appeal dismissed. FACTUAL BACKGROUND On August 9, 2002, at approximately 11:00 p.m., appellant's vehicle came to the attention of Trooper Johnston of the Pennsylvania State Police when the wheels chirped as it accelerated from a stop sign. The trooper followed the vehicle for 1.6 miles before initiating a traffic stop. During that time, he observed the vehicle weaving within its own lane of travel. He also clocked the vehicle traveling 58 miles per hour in a 45 mile per hour speed zone. I 75 Pa. C.S.A. § 1547. NO. 2002-4786 CIVIL Pursuant to the ensuing traffic stop, the trooper noted numerous signs of intoxication. The appellant smelled of alcohol, his eyes were glassy and bloodshot, his speech was slurred, and he had trouble forming sentences. Furthermore, he admitted to having consumed "6 or so" alcoholic beverages. Appellant was placed under arrest for driving under the influence and transported to the Cumberland County Central Processing Center. While at the center, the trooper advised him of the implied consent law and the O' Connell warnings.2 The trooper then tumed the petitioner over to booking center personnel for further processing, after which he left to resume his patrol duties. A few minutes after the trooper left the booking center, Booking Agent Zell began to process appellant.3 At the beginning of the processing, as Agent Zell was explaining the breath testing procedure, the appellant unequivocally stated that he would not submit to the test. Agent Zell then asked appellant if he realized that his refusal would result in a one Year suspension of his operating privileges. He responded in the affirmative, but still refused to submit to the test. Later in the evening, the trooper was advised of the refusal. He submitted the refusal to the department which suspended appellant's operating privileges for one year pursuant to § 1547(b) of the Vehicle Code. 2 Dept. of Transportation, Bureau of Traffic Safety v. O'Connell, 521 Pa. 242, 555 A.2d 873 (1989). The O'Connell warnings were read verbatim fi:om Form DL-26. They included, inter alia, the following language: "I am requesting that you submit to a test of breath." See Commonwealth Exhibit 1. 3 While nobody testified as to the time the trooper lef~ the booking center, Commonwealth Exhibit 2 indicates that the arrest occurred at 23:02 and the refusal took place at 23:50. NO. 2002-4786 CIVIL DISCUSSION To sustain a suspension of operating privileges under § 1547, the department has the burden of proving that appellant: "(1) was arrested for driving under the influence by a police officer who had reasonable grounds to believe that the licensee was operating or was in actual physical control of the movement of the vehicle while under influence of alcohol; (2) was asked to submit to a chemical test; (3) refused to do so; and (4) was warned that refusal might result in a license suspension." Banner v. Commonwealth of Pa., Dept. of Transportation, Bureau of Driver Licensing, 558 Pa. 439, 737 A.2d 1203, 1206 (1999). We are satisfied that all of those requirements were proven in the instant case. Therefore, we will enter the order that follows. ORDER OF COURT AND NOW, this 30TM day of DECEMBER, 2002, after hearing, and for the reasons set forth in the accompanying opinion, the department's suspension of appellant's operating privileges for one year pursuant to § 1547 of the Vehicle Code is SUSTAINED and the appeal is DISMISSED. By the Court, John Mancke, Esquire For the Defendant Dept. of Transportation For the Commonwealth :sld /s/Edward E. Gtfido Edward E. Guido, J.