Loading...
HomeMy WebLinkAbout00-01398 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWIN A. BEAM, Petitioner v. ) ) -) ) ) ) ) ) TERM,20.f!J.23f'g eu:J No. AND NOW, VVll> (L C) 0 c 0 <"" :x -005 > fi1rn ....".., Z::tl N ZC;:: <.q >0- -.1 ~l'7 :0- ):". (.:.::) :x: Zu PC 0 Z ;;. IS , 20~, upon consideration of the peti~n B'P COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent ORDER FOR HEARING Edwin A. Beam for review of an order of the Department of Transportation suspending petitioner's operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. HEARING on the above matter is fixed for .~ S , 20 t:) <:) , 2.''/>, .t.m., in Courtroom , ' at Carlisle, Pennsylvania. The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address shown in the department's notice of entry of oreler, by certified mail, return receipt requested. o .." -4 ;';:;':n .- :g.e) ~C) :r:=H 0-- ~M -'-{ ~ ..~ J. ~?i';~~ '\"lWJ; " ,', ~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWIN A. BEAM, Petitioner v. -) ) ) ) ) ) ) ) TERM, 20 ov - )39f &;;.;I ~ NO. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE Petitioner Edwin A. Beam, respectfully petitions the Court pursuant to 75 Pa. Con. Stat. S 1550 for review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represents as follows: 1. Petitioner Edwin A. Beam is an adult individual residing at 259 Walnut Bottom Rd., Carlisle, Pennsylvania, 17013. 2. Petitioner currently possesses a valid driver's license issued to him on April 5, 1996, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated February 23, 2000, petitioner was notified in writing the Department of Transportation of the entry of an order suspending his driver's - " ~ 1 " license for the following reasons as set forth in the notice: Passing a School Bus. A copy of the notice is attached as Exhibit "N. 4. The suspension is improper and un-lawful for the following reasons: a. Petitioner was denied due process of law as he was misinformed and inappropriately advised, by the Office of District Justice Correal to plead guilty to violation of section 3345A of the Vehicle Code. b. Petitioner denies the allegation that he passed a school bus while the bus had its red lights flashing and stop signs out, as cited by Robert F. Wagner, Bus Driver and filed by Officer Fred McLaughlin, of the Carlisle Police Department. c. The arresting officer lacked reasonable grounds to believe that Petitioner had passed a school bus and was acting on hearsay evidence. WHEREFORE, Petitioner respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. ~ 1550 and that the order of the Department of Transportation be set aside. C~.C~ Petitioner ., . ~- . l ~~. '. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 FEBRUARY 23, 2000 EDWIN A BEAM 259 WALNUT BOTTOM RD 000479283375525 001 02/16/2000 043&5522 06/14/1920 CARLISLE PA 17013 Dear Motorist: As a result of your conviction on 02/15/2000 of violat- ing section 3345A of the Vehicle Code PASSING A SCHOOL BUS on 01/19/2000, 5 points have been assigned to your record. As mandated under Section 1535 of the Vehicle Code, a 60 DAY(S) suspension is herebY imposed. In order to comply with this sanction you are required to 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 result 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 SUSDPnsion ~ve" if VOII rl~ not s~'~r~nd9r ycur lic=n~Cr Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. 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 03/29/2000, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. EXHIBIT "A" j,- 000479263375525 You will be notified of any outstanding restoration re- quirements approximately 3D days before the eligibility date of the restoration of YOUI' driving privilege. You must follow those instructions very carefullY in order to have your driving privilege restored. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) witllln 3D days of the mail date of this letter. FEBRUARY 23. ?nnn. ~~ ynu f11e an ~p- peal in the County Court, the Court will give you a time- stamped certified copy of the appeal. Send this time-stamped certified 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 Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/OL-16LC/TO: Department of Transportation Bureau of Drivel' Licensinq P.O. Box 66693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OllT-OF-STATF TOO IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 7J 7-391 -f. 1 qn 1-800-228-0676 717-391-6191 (). _I' C ;, I p",,~.......->-,. NI~c::r ,..{ fi9f'LI'\ h\"I'<-' ~ lJS.5.f1 ;.~ ~ u" . e , . w DL-,326 (9/95) CERTIFICATION DATE: March 23, 2000 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. .' ) ~1- BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension of operating privileges dated & mailed 02/23/00, effective 03/29/00; 2) Record of Conviction Details received by the Department electronically from the DISTRICT COURT NO. 09201, for Citation No. A49264600, date of violation 01/19/00, date of conviction 02//15/00, and 3) Driving Record, which appears in the file of the defendant EDWIN A. BEAM, operator's no. 04385522, date of birth 06/14/20, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as art/ended, 42 Pa.C.S. 996103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. <R~~. SEAL REBECCA L. BICKLEY, DIRE R BUREAU OF DRIVER LICENSING Commonwealth's EXHIBIT W/5)~ ~'1 <<, ~ 1- - """" - - ~o' I.IlMMUNWf.Allfl lJl I'I.NNSYI VANIA DEPARTMENT OF TRANSPORTATION R'Jre~11 of Dr"ivpr licen~ing H~rr'5burg, PA 17123 FEBRUARY 23, 2000 CARLISLE PA 17013 000479283375525 001 02/16/2000 04385522 06/14/1920 EDWIN A BEAM 259 WALNUT BOTTOM RD Dear Motorist: As a result of your conviction on 02/15/2000 of violat- in9 section 3345A of the Vehicle Code PASSING A SCHOOL BUS on 01/19/2000, 5 points have been assigned to YOUr record. As mandated under Section 1535 of the Vehicle Code, a 60 DAYCS) suspension is hereby imposed. Xn order to comply with this sanction yOU are required to return any current driver's license, learner's permit andlor 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 Ol16lC Form 0. a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result 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, 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 ACKNOWLEDGE- MENT, WE WILL SEND VOU A RECEIPT. IF VOU 00 NOT RECEIVE THIS RECEIPT WITHIN 15 DAVS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE. YOU WIll NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 03/29/2000. 12:01 B.m. Ple~se see the enclosed application for restoration fee in- formation. w\ i~J ~ -" 000 '. I Cj 78!d 7'>5.", YOl< will be nolifl"" of anv outstanding restoration re- QUlrements approximatelY 30 days before the eligibility date of the restoration of your driving priVilege. You must follow thos.. instructions very carefUllY in order to have your driving privilege restored. APPEAL You hay", the ril'ht to appeal this action to the Court of Common Pleas CCivil Division) within 30 days of the mail date of this lelt..r. JEBRUARY 23. 2000. X~ YOu ~ile an ap- peal 1n the county Court, the Court w1ll give YOU a time- stamped certi~1ed COpy 01' the appeal. Send this time-stamped c",rtified 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 Sincerely, ~~.~ Rebecca L. BiCkley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Oriv..r Licensing P.O. Box 6B693 Harrisburg, PA 17106-8693 INFORMATION C7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ~ \ . c720380Q 3DL03802 conviction Detail WID NO 00047 9283 375525 001 Name BEAM EDWIN screen 1 of 2 A0730303 03/15/00 check Digits 1st Line Address: 259 WALNUT BOTTOM RD 2nd Line Address: 00000 city/state/zip CARLISLE PA 17013 Date of Birth 06/14/20 1 Oper Lic State Operator Number 04385522 sex/Race social security Violation Date District Number 09201 Filing Date Citation Number A49264600 Issue Date Docket Number TR000032800 Defendant plea Fine 100.00 Conviction Date Amount owed 171.50 Response Date Section violated: 3345A Disposition Susp Auth code charge Seq No speed Limit Transmittal Date speed Traveled TRANSMITTAL TIME Section Descript: IMPROP PASSING SCHOOL BUS 15-RETURN 20-NEXT 23-NXT-ONREC *'d- -;) "' ~,. r- A PA M 01/19/00 2 01/24/00 2 01/24/00 2 GP 02/15/00 2 0 GP 001 02/16/00 2 060001 --.:r c720380~ 3DL03803 conviction Detail Screen 2 of 2 A0730303 03/15/00 custome r Numbe r 04385522 Customer Name BEAM EDWIN A Comm Vehicle Ind N offense pl ace HAZMAT Ind N offense Time 0000 CDL Holder N Arrest Agency PA-0210200 Vehicle OLDS officer ID 27-03 Registration No PLK674 county 21 REGISTRATION YEAR 01 Boro/Twp 402 Registration state: PA Route vehicle Type Title 75 Same as Defendant Y update Indicator: Defendant signed N susp/Rest Ind AOPC send Date 02/16/00 2 15-RETURN 20-NEXT 22-1ST-INREC - 1-. - , PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY MAR 15 2000 DRIVER: EDWIN A BEAM 259 WALNUT BOTTOM RD CARLISLE, PA 17013 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE DRIVER LICENSE (DL) PAGE 1 04385522 JUN 14 1920 : MALE : REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) --------------------------------- LICENSE CLASS : C LICENSE ISSUE DATE: APR 05 1996 LICENSE EXPIRES : JON 30 200() CDL LICENSE CLASS CDL LICENSE ISSUED .Ci:>Ji,.c LICENSE EXPIRES CDLt~pORSEMENTS ~CPLRtS~RICTIONS eIDIDLEA'R!1dlm PERMITS " ,,' ",,- \'" ' ,~"-,; CDLI:iI€ENSESTATUS MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS : 1 . . : PEND SUSPEND : . . . . . NONE . . NONE . . . PEND SUSPEND ,,'; '< -', " " , SB ;@~~~!'lW4ENT PROBATI9~~~ LICENSE (PL) PL LICEN~~~~~ASS PL LICE ..;~,;" IG ISS PL LIC . $SUED PL LIC~ ~PIRES PL LICE. c;TATUS '-',',",;t;, '- ,'- . . . . . . . . ~- ',> '> -,',' ; OCCUPA~~~N~tL!MITED LICENSE (OLL) ~~~~~~~~~f~-~~~-----------~------ Ot.I..ti~~..sEceLASS : OLLi}I~ENS.Ec"I SSUED OLLc~1IbENS!i:;EXPIRES : OLt.'~ICENSE STATUS : *** CONTINUED *** 1t5 :v 1-- PAGE 2 CERTIFIED DRIVING HISTORY - MAR 15 2000 - LICENSE NUMBER 04385522 CONTINUED -------------------------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JAN 19 2000 VEHICLE CODE: 3345A PASSING A SCHOOL BUS FEB 15 2000 SCHOOL BUS SUSPENSION FOR 60 DAY(S) EFFECTIVE MAR 29 2000 OFFICIAL NOTICE,HAILEDFEB 23 2000 '" " . ,', ,',. .. .' . '.' .... -' .. ..- -. . . ---------------------~-~--~-~~~~~~~~~~~~--~~~~~-~-~----------------------------- NO MEDlCALSO.It, DEPARTMENTAL>iA'~.T::IJ'ONS DURING TIl;IS,REPORTING PERIOD . . . ..' . . .... ------------------~--~~~~~-----~~~~~~~~-~~~~~~~---~~~~~~~-~~-------------------- MOTOR VEHICLE ACCIDENT RECORDS. LISTED" ON THIS OPERATING REPORT DO NOT INDICATE FAULT FOR THE ACCIDEN'l" ... T~REJ;ORD ONDYINDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL'S VEHICLE ~AS INVOLVED IN AN ACCIDENT ON THE DATE LISTED. ACCIDENT DATE: LOCATION: VEHICLE TYPE: MAR 15 1987 CUMBERLAND CTY PASSENGER *** END OF RECORD *** -,~ _. PAGE 3 CERTIFIED DRIVING HISTORY - MAR 15 2000 - LICENSE NUMBER 04385522 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, SEAL ~~,~ rtiiREC\N:)~iBr.JREAIJOFc DRIVER LICENSING .. FOR.' . . SEGrRETARY OFT:~SPORTATION COMMONWmTHClF PENNSYLVANt~SS: OATE:MAR 15 2000 .. . .' . I HEREBY.cfRTIFY THAT REBa" ,"':0 ,~;. . -', ". BUREAU OF/.... ,ER LICENSI" OF TRANSp' 'J;ON IS TH LICENSING.DS OF T~ . '1'- -.;,^ _, THE DIRECT THE AF0.B OF THE OR . .; OR MJ;€ifB OF THEAB . RTIFI~m~ . ..' .... . . - ,- . BICKLEY, .:~.ECTOR OF THE E PENNSYLy; . DEPARTMENT STODIAN O' DRIVER ,." OFT' '~ATION. AS U, SHE:,...,ll:GAL CUSTODY ,8 WHI<>i!f~:ii(THE SUBJECT '>': >;.: . ;-' .:' ,:": IN TESTIMONY~~EbF, I HAVE HEREUNTOSET~~Y HAND AND SEAL OF THIS DEPAa'1'~'t'THE DAY AND YEAR Ap'(i)R\ESAID~ SINCERELY, ~ SECRETARY OF TRANSPORTATION SEAL ~., " 'e-, ~ ~. ~ -~, - EDWIN A. BEAM, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent No. 00-1398 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of June, 2000, upon consideration of the Petitioner's appeal from license suspension, and following a hearing at which it appeared to the Court that the present appeal represents a collateral attack upon the conviction which precipitated the Defendant's license suspension, the appeal is denied, and the action of the Department of Transportation in suspending the Petitioner's license dated February 23, 2000, is affirmed. By the Court, J ~ ~ t~'u'\'~~~ George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 For the Respondent ViNV^lA8NN3d JJNn08 ONv'lH38\1'lnO Edwin A. Beam, Pro Se 259 Walnut Bottom Road Carlisle, PA 17013 Petitioner 'Z I :5 ~,!V 9- Nllf 00 I '^"lu'" t....u }lip' .:;u L ::10 '\ov :\1".1; L>-'.~d{j ._,f I" :n ~ "CI-{j':\lIJ _;,-'l-'~~~ _.." . - ,-' ~ . 1'-'_' -'r--:'-~-'" . .~- ..,,"