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HomeMy WebLinkAbout96-02262 ~ '4 ~ ~ ~ 'i [ .. . ~ '1 , " I I I " , , \ '..... " '1 I " / I I " ~ ,. . , , , , , ~ , ,. '': Ci ~ '" ,I ") I , , GILBIRT C. ANDIRSON, JR., Petitioner IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW nlPARTMINT or TRANSPORTATION BUREAU or DRIVER LICENSING 96-2262 CIVIL TERM IN REI LICENS~ SUSPENSION APPEAL BErORE SHEELY. P.J MEMORANDUM OPINION AND ORDER or COURT AND NOW, this 9th day of October, 1996, a hearing was held today pursuant to the appeal filed by Gilbert C. Anderson, Jr., from a notification from the Department of Transportation that his operating privileges were going to be suspended for a refusal to submit to a proper chemical test a_ a result of an incident on March 2nd, 1996. At the hearing today Patrolman Siekerman from the Mechanic_burg Borough testified that he did stop the Defendant's vehicle for speeding in the Borough of Mechanicsburg, and after the stop he noticed signs of intoxication. rield sobriety tests were attempted, but could not be conducted because of his intoxication. The Defendant was then placed under arrest, taken to the Harrisburg Hospital for a blood test, and when he was taken into the hospital for the test he refused after given proper notification. Commonwealth's Exhibit No.1 was admitted into evidence, which is a chemical testing warning and report of refusal. The Defendant said at the hospital that he was not taking any type of test. I teel, therefore, that there was probable aause to stop, even though h. alleges in his petition that there wa. not, and that he did refuse to take the test, and that the . .u.p.n.ion of hi. op.rating privil.g.. wa. prop.r. Th.r.for., the Court di.mi.... th. app.al of Gilb.rt C. And.r.on, Jr. By the Court, en z ~ Dat. !1Y~' i(l ~ [ H rold I. Sh..l , P.J. Gilb.rt C. And.rlon, Jr. P.O. Box 184 N.w King.town, 'A 17072 t:A~~.A , IV J 'f . '7(, ...._f-. iI -fY'.,....-J-...~i... Glorg. Kabu.k, .Iquire Attorn.y for Dlpartmlnt of Tran.portation mal '1 'I' " , ", ~i, , I' , " , , 'i '\ , ,1 ,~ - : i. 'I ~ a3lf, J ~.r f:.2:" i~3 L ..c =< \Q ("') (1l "fj !il ~ ~ 'D ~ e , , 'I 'II', . t ~ i '; .-, GILBERT C, ANDERSON, JR" PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No, 2262 CIVIL 1996 DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW,this j't/) day of '..rJlIN C ,1996, upon motion by the Department of Transportation, the hearing in the above referenced appeal is continued and rescheduled for the J. 'f th day of .lJ 1.11\1 t. ,J 996 at / / ; U.:J o'clock in Courtroom d. of the Cumberland County Courthouse, BY THE COURT ~(r 5~Z J, Distribution: ~~~~/4:.P' Georse Kabusk, Esquire, koom 103 Transportation and Safety Building. Harrisburg, PA 17120. Gilbert C. Anderson, Jr.. Pro Se. PO Box 184. New Kingstown, Pa. 17072 ~ It) ,'-0 In . - , I? C\J .~ :c: ;~I .... J~ '-' t,., " iJ. I ,-1- . p - ~ .oJ f' ..I " ~o a 0 c" GILBERT C. ANDERSON, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " V. DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING NO. 96-2262 CIVIL TERM CIVIL ACTION - LAW I' ! ORDER OF COURT AND NOW, this 7th day of AUGUST, 1996, upon motion by the Department of Transportation, the hearing in the above referenced appeal is continued and rescheduled for Wednesday, October 9, 1996, at 10:00 a.m. in Courtroom f 1. No further continuance will be granted. By the Court, I Ii 1 cc: Gilbert C. Anderson, Jr. P.O. Box 184 New Kingstown, Pa. 17072 George Kabusk, Esquire Attorney for Department of Transportation I f '\' , , , IBId PI r.c. t... I , .. . II"') I!IL TRUE COPY FROM RECORD III TestImony whGnlol, I here unto set my hand and the seal of said Cou at Cclrilsle, PI. ~ d f t ProtllonOlllY .' - DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA. Appellee lit'" .' (" ...) ,I, I I ,J,/! I : IN THE COURT OF COMMON PLEAS J II : CUMBERLAND COUNTY, PENNSYLVANIA v. . ; NO. 96. ,) .Lt.,.L CIVIL TERM GILBERT C. ANDERSON, Jr., Appellant : APPEAL FROM I,ICENSE SUSPENSION ORDER OF COURT AND NOW, this // day of ,) II I V , 1996, upon presentation lIJld consideration oC the within Petition Cor Appeal from License Suspension, a De Novo hearing is set for I J I,) IV [1/ 1 Y the/7 fl'hay of l/f.11V C ,1996, al. ~ o'clock Jl.m, in Courtroom Number .1..... of the Cumberland County Courthouse, Pennsylvania. Further the Motor Vehicle License Suspension in this case is stayed pending this Appeal Hearing. BY THE COURT: II (, \ / ( y.-.. /IJ. I.IIJ ,.(,\-" , ~.) \ \ 1\ \ (', t l'.J" ) I \ I \ (\ /) - .' , DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA. Appellee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ,. , " ;\ .i , of a blood test. l. . v, : NO. 96. i 1. ~ J.... CML TERM GILBERT C. ANDERSON, Jr" Appellant : APPEAL FROM LICENSE SUSPENSION PETITION FOR APPEAL FROM LICENSE SUS~ENSION AND NOW, comes Appellant, pro se, and files the following Petition: 1, Appellant is Gilbert C. Anderson, Jr., an adult individual who is currently residing at 15 West Church Street, Mechanlcsburg, Cumberland County, Pennsylvania. 2. On March 2, 1996, while traveling in the Borough of Mechanicsburg, Cumberland County, the Appellant herein was stopped by Patrolman Seikermnn of the Mechanicsburg Police. 3. The officer alleged that the Appellant was driving in excess of the speed limit. 4. The Appellant was operating his vehicle within the speed limit. 5. The Appellant was taken to the Mechanicsburg Police Department where he was requested to give blood for alcohol analysis. 6. The Appellant refused to submit to the blood test. 7. Following the processing the officer filed a refusal report with PennDot claiming a refusal 8, On March 26, 1996, PennDot did suspend the Appellant's operating privileges for a period of one year. A copy of the notice is attached hereto. 9. Patrolman Seikerman did not have probable cause in which to believe tllat the APP'Uant was operating his vehicle in excess of the speed limit. 10. Without the necessary probable cause, Patrolman Seikerman had no right to require under the implied consent act, 75 Pa.C.S.A. Section 1547, that the Appellant give a sample of hie blood and therefore his privilege to drive should not now be suspended. , , ~. . . ~ WHEREFORE, for all the above reaaonl, the Appellant, GUbert C. Anderson, Jr., requelta your Honorable Court to lIl!t a time for a hearlna on the propriety of Appel1ant'sllcel\lll! sllBpenelon and, further. stay the 'imposition of thla lIcenee slIBpenelon pending the results of IIlIId hellring and after IIlIId hearing reve.... the IlIBpeneion heretofore prevtollBly leeued. Respectfully lubmlUed, I, J./ -"?j-- if? Dille J:41t ~~~ #- G rt C. Anderson, Jr. I ", , ,..i )'III'i , "I " .,.', .' .~ VERIFICATION I verifY that the statements made in the roregolng Petition are true and correct. I understand that rain statementa herein are made subject to the penalties or 18 Pa. C,S, Section 4904 relatlng to unawo ralalncatlon to authorities. ADrll 215. 1996 Date ,A/kr f - /kk-'YI J... GUbert C. Andel'lOn, Jr. ' " ,,' " I':., , ' -I I'f I ~ ' , ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MARCH 26, 1996 GILBERT C ANDERSON JR PO BOX :Lll4 ~EW KINGSTOWN PA J.7072 'bob78432oo183S 001 03/1'/1'% 13bUb3' 10/14/1'48 Daar Motorist I As a result of your violation of Section 1547 of the Ve- hicle Code, CHEMICAL TEST REFUSAL on 03/02/1996. your driVing privilege is being SUSPENDED for a period of 1 YEAR(S). In ordor to comply with this sanction YOU are required to return any current driver's license, learnar's permit and/or temporary driver's license (camera 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 sworn affidavit stating that yoU are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bu- reau referring this matter to the Pennsylvania State Police far prosecution under SECTION l571(a)(4) of the Vehicle Code. 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 product(s), thO!' DLI6L(; Form, or a letter acknowledging !four scnctlcn is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT. WE WILL SEND YOU .\ RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE. YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Effective Date of Suspension: 04/~0/1996, 12101 .... . . , ....................................................................' IWARNING: If yOU are convicted for driving while your licen'e" Sa . .., ,',I" ':. ,."".;,-'<."_'.1 I suspended, the penalt ie s will be: not lus then 90 de". i.,1l'i.....,t",il" I ment and a .1,000 fine and an additional 1 yeer susllen.:lon. "'.1<; , . . "'.1, ..........................................................~~........~ \:\-'\ ~ ~, ~. ~ ,., k.~ '" ~ ~. . . . . '" ' , , .- . . '") " , I ,I , " c . r, , I " .> . ';~ r ['-.)1 I , .. L..,' .., ~ . 'J ,~.., ;'J " . . . t, , J " '" , 'I ," , : , r" ~ ~ ...e ~ . OIl ~ .(: "', ~ h 'd ( ~ 0 0 .... r . ... GILBERT C. ANDERSON, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING /)/1"1 C L I IV (It- 96-2262 CIVIL TERM IH-BEI LICENSE SUSPENSION APPEA~ >>EFORE SHEELY. P,J MlMQRANDUM OPINION AND ORDER OF COYBI AND NOW, thie 9th day of October, 1996, a hearing waD held today pureuant to the appeal filed by Gilbert C. Andereon, Jr., from a notification from the D~partment of Traneportation that hie operating privilegee were going to be eu.pended for a refueal to eubmit to a proper chemical teet ae a r..ult of an incident on March 2nd, 1996. At the hearing today Patrolman Siekerman from the Mechanic.burg Borough t.etifiad that ha did .top the Defendant'. vehicle for speeding in the Borough of Mechaniceburg, and after the stop he noticed eigns of intoxication. Field sobriety tests were attempted, but could not be conducted because of hi. intoxication. The Defendant wa. then placed under arre.t, taken to the Harrieburg Hospital for a blood teet, and when he wa. taken into the ho.pita1 for the test he refu.ed after given proper notification. Commonwealth's Ixhibit No.1 wa. admitted into evidence, which ie a chemical teeting warning and report of refu.al. Tha Defendant .aid at the hospital that he wa. not taking any type of teet. I fe.l, therefore, that there was probable cause to .top, even though he alleg.s in hie petition that there wae not, and that he did refu.e to take the test, and that the " , I I I J , " l \ I I \ I f... , I I J I I : I I L , ! ,I .....+' I ~ i ~ ,~ f~ liJ R mU~i ~g!~~ ~r(J~~ ~ ~j , ." . l-< ..., . c. o W l-< Qj 'tl ~~ <Xl u.... '"' x o l-< 0:1" 1/ .Q .' .... o' ,~ ~ '-' . Qj t:IoZ - - - - . ., .. .. ., .. .- - '2 - ~ ,- .- i i , ! Ii I~ I" " , , , .,.)-" , .;~ ".', i .. ~.-_.' ....oil. ' I! -, , , , , ,L f .;. , ,I ~ ii i , ' , .~. " '. .~ '1; ~ t I. I I " l '" ," I ( " , J. , I' , { Ii, I " i! , I"