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HomeMy WebLinkAbout00-01150 . COMMONWEALTH OF PENNSYLVANIA Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. NO.;:J()O() -) I~ CdiP Appellant CIVIL ACTION/LICENSE SUSPENSION APPEAL ALAN C. STEUART, ORDER OF COURT AND NOW, upon consideration of the foregoing Petition for Appeal of Order Suspending Driving Privilege, IT IS HEREBY ORDERED AND DECREED that a Hearing is scheduled for 1nl71d~ '7Jza:t /,5 ,2000, at 9; 30 o'clock L.M. U#<! I ~determine Whether the Order of the Department of Transportation should be set aside. IT IS FURTHER ORDERED that the Pennsylvania Department of Transportation's Order suspending Petitioner's driving privilege be stayed pending the hearing in this matter. BY THE COURT: . /IlL ~~J. 3-3-00 RK3 -" ,-, , ~ ... , . iiiIlIIIiiio... = ~ jf' , , llilMioi&Oll_"~"" '~>"!!\!llil' "'''--,~"" " .'. , c) f? 'i7,-::'-; IP!(-.f ~_.- , ~{;~~:' ~::'::'-' i; :;;. ~':;: ,3 , '~J1 <::> a a .". - -:i>~ "'::J I C.) o .'i'l :~~ ;;;) :1] r- (",11'-7 -':U~-::; ,--, ! ;~l~ ~ ~:1 '"'<: - '"'-,'~ ::::c:: S? ~ vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. :J..o-rrO ~ ;;sD CWJ -r.JU--o COMMONWEALTH OF PENNSYLVANIA Appellee Appellant CIVIL ACTION/LICENSE SUSPENSION APPEAL ALAN C. STEUART, PETITION FOR APPEAL FROM ORDER SUSPENDING DRIVING PRIVILEGE AND NOW, this 29th day of February 2000, comes Petitioner/Appellant, Alan C. Steuart, by and through his attorney, Jason P. Kutulakis, who pursuant to 75 Pa.C.S.A. 91550, files this Petition for Appeal from an Order of the Commonwealth of Pennsylvania, Department of Transportation, suspending Petitioner/Appellant's driving privilege, and in furtherance thereof, avers the following: 1. Petitioner is Alan C. Steuart, an adult individual residing at 480 Ridge Road, Apartment B, Lewisberry, Cumberland County, Pennsylvania. 2. Petitioner possesses a currently valid Pennsylvania operating license number 22676774. 3. By letter dated January 31, 2000, the Pennsylvania Department of Transportation notified Petitioner that as a result of his alleged violation of 91547 of the Vehicle Code, Chemical Test Refusal on December 18, 1999, his driving privileges were being suspended for a period of one year. A copy of the Notice of Suspension is attached hereto as Exhibit "^" and is incorporated herein by reference. '-, -~ " " :!" " -- " ~_~,',~,.. _' 0,_' '" WHEREFORE, pursuant to 75 Pa.C.S.A. 91550, Petitioner respectfully requests that this Honorable Court grant him an appeal from the Suspension Order, and thereafter to schedule a Hearing to determine whether the Order of the Department of Transportation should be set aside, and staying the suspension in the meantime. Respectfully submitted, MARSHALL & HADDICK, P.C Date: February 29, 2000 Jas P. Kutulakis Esquire I. . #80411 2 outh 36th Street Camp Hill, PA 17011 (717) 731-4800 Attorney for Petitioner/Appellant ~" , .' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 31, 2000 ALAN CHRIS STEUART 12 MARSHELL DRIVE APT. 7I CAMP HILL PA 17011 000246102786488 001 01/24/2000 22676774 03/22/1972 '-Oe-ar Mot'o-rist: " ~'-'", <,,,'''' ~ 'i As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 12/18/1999, your driving privilege is being SUSPENDED for a period of 1 YEAR(S). In order to comply with this sa,nction yOU are required t'o return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply 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 privi- lege. Failure to comply with this notice shall resul~ in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if yOU do not surrender your license, Cred:i.1: will not begin until all. cur.rent driver's li:cf;!n.se pro:!uctCo;y, q.", Ill.lf\.C Form, 0" a '.leJte,'ac;ujo"ledging your sanction is received in this Buread. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A 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. The effective date of suspension is 03/06/2000, 12:01 a.m. ******************************************************************** IWARNING: If YOU are convicted for driving while your license is I Isuspended, the penalties will be: not less than 90 days imprison-I Iment and a 1,000 fine and an additional 1 year suspension. I ******************************************************************** 1l:JlXU"Q(i~r A n ,trfL.:,~y,!/' 11 fi , f}j( ~ C( 15--;:;;6 000246102786488 Please see the enclosed application for restoration fee in- formation. APPEAL You have the right to appeal this action to the Court of Common' Pleas (Civil Divisionlwithin 30 days of the mail date of this letter, JANUARY 31, 2000. X~ YOU ~ile an appeal in the County Court, the Court will give you a time-stamped certi~ied COpy o~'the appeal. Send_ this time-stamped cer- tified copy of. the appeal by certified mail to: PENNSYLVAt:lI~DEPARTMENT OF TRANSPORTATXON OFFZCE OF CHIEF COUNSEL THXRD F~OOR, RIVERFRONT OFFICE CENTER HARRISBURG, ,PA. 17104-2516 Sincerely, ~~\~ R~becca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transport',ation Bureau of Driver .Licensing P.O. Box 68,693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 i- " VERI FICA liON hereby verify that the statements of fact made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: February 29, 2000 v ason P. utulakis, Esquire i: i ~ I '~_" . -,- ~F-' ..,-, ,~-~, ,,~- " - , " [l'-'~1~''''''''""..i~ ,1 !:i i!l [., "^ CERTIFICATE OF SERVICE On this 29th day of February, 2000, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, certified mail, return receipt requested, postage prepaid, addressed to: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 ,~,=' , .. '~r . ,-" ~.- ., -, .-" ~ ~ . ~ " - < " ""P, DL :ZS{7.g,a) f!) ViEMICAL TESTING WARNINGS AND REPORT OF REFUSAL TO SUBMIT TO CHEMICAL TESTING AS ~,....,r-, ,-,,' ~ .;-::;' - - AUTHORIZED BY OF THE VEHICLE CODE - - - .L:.~ C-; '," - - -.- ~~ , . "-"" "'- . ". , SECTION 1547 NAME F~AST MIDDLE c ADDRESS ~?~ SEX CITY A7 ~.1 TATE /,,p o SECTION 1547 - CHEMICAL TEST~NG WARNINGS 1. Plea.. be advl~ that you alll now unclar ami.tlor driving undar tha inlluance 01 alcohol or a conlro"ad substance pursuanllo section 3731 01 tha Vahicla Coda. 2. I am requasting !hal you submillo a chamicallast 01 R~t"..,t{ (blllath, blood or urina. Ollicer choosas tha chamical tast.) 3. It is my duly, as a police ollicar, 10 inlonn you thaI il you IlIfusa 10 submit 10 !ha chamical tast your oparating privilaga will ba suspanded lor a period 01 ona yaar. 4, a) The constitutional rights you have as a criminal defendant, commonly known as the Mi~nda Rights. inCluding the right to speak with a lawyer and tha right to remain silant apply only 10 criminal prosecutions and do nol apply 10 tha chamicallastingprocadure undar Pannsylvania's Implied Consent Law, which is a civil, not a c:riminat proceeding. b) You have no right to speak to a lawyer, or anyone else. before taking the chemical test requested by the police officer nor do you have a right to ramain silenl ""'en asked by the polica ollicar 10 submit 10 the chemical last. Unless you agree 10 submit lo,tha lasl requasted by the police olficer your conducl will be claamed 10 be ralusaland your operating privilaga will be suspanded lor one yaar.... ' ,. ., c) Your refusal tQ submit to chemic~--t8sting'under the Implied Consent law may be introduced into evideflC8 in a, caminal prosecution for driving .while under the innuence of alcohol ora-controlled substance. " :., . ..~ ~' ., I ~ertify that.1 have re~d th.-a~ov. warning to. the motorist~n tha S'~.io'2...ir operating PriVile. ge and gave the'mptorist an opportu- nIIylosubmlllochemlcaltasUng. ~.... ~ /e:::. ~..'. .t).... Signaturo'olOfficer. '..... ' Date: /,P #'~t"~_ 911 / /?, !:.,""/h .s~......- tM- /? ~ AFROA VIT 1. The above motorist was placed under arrest for driving under tha.inftuence of alcohol or a controlled substance-.in violation of-Section 3731 of the Vehicle Code, and there were reasonable grounds to believe that the above motorist had been driving, operating or in actual physical control of the movement of a molar vehicle while under the influence of alcohol or a controlled substance or both. or That the above n-.ned motorist was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment al a medicallacilily or was killed. 2. The above motorist was requested to submit to chemical testing as authQrized by Section 1547 0' the Vehicle Code. 3. -The &boye motorist was informed by a police officer of the chemicaJ test warnings contained in paragraph 3 and 4 above. 4. The above namec:l motorist refused to submit to chemical testing. OFRt:r=R NOTE: lb. refusal to sign this form i. not a refusal to submit to the chemical test. You must still give the motorist an opPortu.. nily to take the chemical tost altar reviewing this form. II the individual wao operating a commercial motor vehicle ~ ' alcohol or a controllad substance in their syot_. you must aloo complete the reverse ~ thlsforrr.-) ./ ~ suasCAlaEDAND SWClRH OlficerSignature: ~ /~ TO_OR .n" 01 MQ,1 OA YEAIl ~. I have been advised of the _ above. x. Signature of Motorist: Molorist refusad to 4ign. aft.r being advised. '~~ Signature of Officer. . Forward 10: Depllllmenl of Transportation Bureau of Driver Ucensing P.O. Box 60037 Harrisburg, PA 17106..()037 THIS FORM MAYBE DUPLlCJI,TE)) - -~!!lII1!M" Dale: -//> LJ..c,.;../,... ~? Oale:/" ./},.c",..../..... ?? Officer Name: R~_~ .J#.ss/- (Type or Printl -~'J ~ Badge Numbar: ~I/ Jurisdiction: /uN,r .r./_ ~.....I Phona:~ .?~j.;:1~,(/{J Mailing Address .:lo/ A?lJ,~ S'IG...r L."'A.V-. .199 /.;>oY'.3 , Nota: Any partinant lacts nol covered by tha affidavit should be submitted on a separate sheet and attached hereto. That sheet should include the names ot additional witnesses necessary- to prove the elements to which you have attested. ADDITIONAL SUPPLIES OF THIS FORM MAY BE SECURED BY COMPLETING FORM OS-SI1A . . MAY 1 2 2000(1' COMMONWEALTH OF PENNSYLVANIA: Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. NO. 2000-1150- CIVIL Appellant CIVIL ACTION/LICENSE SUSPENSION APPEAL ALAN C. STEUART, TO THE HONORABLE KEVIN HESS, JUDGE OF SAID COURT: ORDER OF COURT AND NOW, this It.... day of 1'1/J'1 , 2000, after due consideration of the within Motion, IT IS HEREBY ORDERED AND DECREED THAT the Motion for Continuance is hereby q; 30 0.. m . ~-...IJ;'" a.." s".....ro-V -/"...,.. :Ju.dlL-1 ~ ~ cc6 BY THE COURT: ~ ~,j-/d-OO AK3 Distribution: Department of Transportation Jason P. Kutulakis, I . I I r....rll~_1 - 8 r' :..:~ Clerk of Court " , "~~ 1.~-1'-'';'''''' i'm.lf~ --.0- .~ .~ ~'~"'~"';fil<_""""""".>L "~:&~~:.tI& =.' ~"[;,,.i~ll ",'- "", . . "'~ - " ,,",,'.u" 0 c;::, 0 C' c;::, ;::,,.,.. ,., Ur~' -- fTj,.J,::, :S: ----t. ?,C[" ..", :r.:'::r-. ;Z-',C "1'1~ i--~ - "om 0,"[':,-_ ;::s; ~:::~ c.l) .:00 $:-(:;' :J:>. C)(~ ;;;0 -::I..", ~ 6:rl :So ~ ~f:? 5i =< ~ ~ - '" COMMONWEALTH OF PENNSYLVANIA: Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. NO. 2000-1150- CIVIL Appellant CIVIL ACTION/LICENSE SUSPENSION APPEAL ALAN C. STEUART, TO THE HONORABLE KEVIN HESS, JUDGE OF SAID COURT: MOTION FOR CONTINUANCE AND NOW, this 12th day of May 2000, comes the above-named Appellant, Alan C. Steuart, by and through his attorney, Jason P. Kutulakis, Esquire, and respectfully requests This Honorable Court to grant a continuance: 1. The Appellant is currently scheduled for an Appeal from Order suspending driving privilege before This Honorable Court on May 15, 2000. 2. Above-named counsel received notification in a telephone conversation with the above-named Appellant that he is attempting to retain other legal representation. 3. This is the first requested continuance in this case. 4. Above-named counsel has unsuccessfully attempting in contacting PennDOT's Chief Counsel to obtain concurrence in this Motion. , , .. WHEREFORE, the defendant above-named, respectfully requests This Honorable Court to grant his Motion for a Continuance. Respectfully submitted, MARSHALL & HADDICK, P.c. Date: May 12, 2000 ....... Jas P. Kutulakis Esqu I.D. #80411 20 South 36th Street Camp Hill, PA 17011 (717) 731-4800 ,,--~ , '. CERTIFICATE OF SERVICE AND NOW, this 12th day of May, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing OMNIBUS PRETRIAL MOTION, upon all counsel of record and/or unrepresented parties by the following: By Hand delivery: Cumberland County Clerk of Court 1 Courthouse Square Carlisle, Pennsylvania 17013 BY FAX TRANSMITTAL AND REGULAR MAIL Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Third Floor River Front Office Harrisburg, PA 17104 -, ,~~r , COMMONWEALTH OF PENNSYLVANIA Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-1150 CIVIL TERM ALAN C. STEUART, Appellant LICENSE SUSPENSION APPEAL IN RE: PETITION FOR APPEAL FROM ORDER SUSPENDING DRIVING PRIVILEGE ORDER OF COURT AND NOW, this 19th day of June, 2000, after hearing, the within appeal from suspension of driver's license is dismissed and the suspension reinstated. By the Court, :bg -7~ Y1L Kev~A. Hess, J. ~~ f.p -';;0-00 RK.9> George H. Kabusk, Esquire For the Commonwealth Jason P. Kutulakis, Esquire Attorney for Petitioner/Appellant ,;, "',' ,"- ~ ,",V' , " .... ,-,.",;~,""'"''''''''''''''Y' . "..'..-.' ',..',' "" 'i ,~ I::) .i:i.J-.c>F1CE cr: !'. .::('-'~r, :(~t',.K)TJ\RY rn 'rr,\ ....." ,JUJ,-;r~':::U FIH [t: 22 CI'I""'" ",' 1''''J\rry uV;l:,:j~!,,}lli\U ,,-,,Gel....l PENNSYL\!I\NIA ..