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Home My WebLink About02-5464SONYA R. CRULL, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE NUNC PRO TUNC AND NOW comes the Appellant, Sonya R. Crull, by and through his attorney, Karl E. Rominger, Esquire, at the Law Offices of Rominger & Bayley, respectfully avers the following: 1. Appellant resides at 14 Fickes Road, Newville, Pennsylvania, 17241. 2. Appellant received Notice dated September 27, 2002, stating that as a result of her alleged violation of 75 Pa. C.S. 3731, her driving privilege was being suspended for a period of one year, effective suspension date, November 8, 2002, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Appellant did produce a blood alcohol result and did blow and did provide a breath sample, therefore Appellant believes and avers that no refusal actually occurred. 4. This appeal was filed untimely, so as that defendant and counsel would utilize the interim to undertake an investigation to determine the reasonableness of this appeal, and Appellant asks leave of Court to appeal Nunc Pro Tunc in this matter, as if she had timely filed. 5. Thc Appellant submits until final resolution of his criminal matter is achieved any suspension of her driving rights and privileges is unconstitutional. 6. Said suspension violates her rights of due process and equal protection under the Federal and Pennsylvania Constitutions. 7. Said suspension violates the double jeopardy clause of thc Federal Constitution and the Pennsylvania Constitution. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to thc Vehicle Code. Date: November 12, 2002 Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant SONYA R. CRULL, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Appeal From Suspension of Operator's Privilege Nunc Pro Tune upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George Kabusk, Esquire PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Dated: November 12, 2002 Karl E. Rominger, Esquire Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER Oq, 2002 SONYA RENE CRULL 14 FICKES RD NEWVILLE PA 17241 WID e 022706114631100 001 PROCESSING DATE 09/27/2002 DRIVER LICENSE ~ 20617702 DATE OF BIRTH 01/17/1965 Dear MS. CRULL: This is an Of~tcia[ Notice of the Suspension of your Driving Priviiege as authorized by Section 15q7 of the Pennsylvania Vehicie Code. As a result of your violation of Section I5~7 of the VehicIe Code, CHEMICAL TEST REFUSAL, on 09/15/2002: Your driving privilege is SUSPENDED fop a period of 1 YEAR(S) effective 11/08/2002 at 12:01 a.m. 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 91,000 fine AND your driving privilege will be suspended/revoked for a MINIMUH 1 year period COMPLYING WITH THIS SUSPENSION You must return ail current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 11/08/2002. You may surrender these items before, 11/08/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU NAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 910.00. You must present two (2) forms of proper /den- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You w111 not recelve credlt toward servlng any suspension untl[ we receive your license(s). Complete the following steps to acknowledge this suspension. 02270611~6~1100 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nota- rized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. pAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed APplication for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application. 02270611~651100 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, OCTOBER 04, 2002, of this letter. Zf you Peal tn the County Court, the Court w111 glve you a time- stamped ceptlfled copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- f/ed copy of the aPPeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Off/ce Center Harrisburg, PA 17104-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 11/08/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to g:O0 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 SONYA R. CRULL, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : LICENSE SUSPENSION APPEAL .. APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE NUNC PRO TUNC AND NOW, this / ~ ~day of .~'~/~/, 2002, upon consideration of this hearing on the matter shall be held on the ~ ~7~ , at/0,'30 o'clock c~,_ m. in Courtroom No. ~ APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered that a day of , Y~ , ~Y- ~Y ~.5' · of the Cumberland County Courthouse. Appellant's request to proceed Nunc Pro Tune is granted and this matter is deemed timely filed. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the Court: Distribution: ! PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 ! Law Offices of Rominger & Bayley, 155 South Hanover Street, Carlisle, PA 17013 Karl E. Rominger, Esquire SONYA R. CRULL, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5464 LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this i ?''' day of £~ ~-~ ,2003, upon agreement of Appellant and the Department of Transportation, Appellant's challenge to her driver's license suspension is dismissed and the Department of Transportation is ordered and directed to begin her suspension on June 1,2003. Distribution: Karl E. Rominger, Esquire George Kabusk, Esquire -- Department of Transportation Jo