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COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, BUREAU
OF DRIVER LICENSING
V,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TIMOTHY F. KILLIAN
: 7/- 1.{l('\J.
: .97.eeo2 CIVIL TERM
IN RE: A\:,PEAL FROM SUSPENSION OF pRIVING PRIVILEGE
ORDER OF COUBI
AND NOW, this '3.0 day 01 January, 1998, IT IS ORDERED that the within
appeal. IS DISMISSED.
By the cou~J /
George H. Kabusk, Esquire
Office of Chief Counsel
Vehicle & Traffic Law Clvlllon
1101 S, Front Street
Harrisburg, PA 17104.2516
\
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Michael S. Travis, Esquire
2 E, Main SI.
Shlremanstown, PA 17011
For Petitioner
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COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, BUREAU
OF DRIVER LICENSING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
V,
TIMOTHY F. KILLIAN
9'1- (,.oc,.l...
: '9'1'-0002 CIVIL TERM
IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE
OPINION AND ORDER OF COURT
BAYLEY, J" January 30, 1998:-
The Department 01 Transportation suspended the driving privilege 01 Timothy
F, Killian lor one year pursuant to the Vehicle Code at 75 Pa,C.S. 1547(b)(1),
Petitioner IlIed an appeal to this court on which a hearing was conducted on January
26, 1998, We Ilnd the lollowlng lacts,
On the evening 01 September 20, 1997, Officer Michael Hope 01 the Camp Hili
Police Department arrested petitioner, Timothy F, Killian, lor driving under the
Influence, Petitioner was taken to the West Shore Booking Center. After being read
his rights under the Implied Consent Law, petitioner agreed to take an alcohol test on
an Intoxyllzer 5000. After blowing air lor a considerable period 01 time, petitioner
flnally blew a valid test 01,171%, At 11:13 p.m., petitioner started blowing air Into the
machine lor a second test. He took short breaths and lalled to blow air for a
sufficient amount 01 time to record a valid test. Officer Hope and the Intoxyllzer
operator repeatedly told petitioner how to blow steady air Into the machine In order to
register a valid test. Petitioner held onto the mouthpiece and blew short breaths with
air escaping Irom the sides, After five minutes during which petitioner blew an
Insufficient amount of air Into the Intoxyllzer, the effort to obtain a valid test was
97-0002 CIVIL TERM
terminated, and petitioner was told that his operating privilege would be suspended
for one year for refusing to perform a vaild second breath test. While the test ticket
reflected a second test result of .187, It also reflected that the sample of air tested
was deficient for registering an accurate result.
Petitioner contends that because he blew one vaild test that test may be used
against him In his pending criminal charge for driving under the influence and,
therefore, his failure to blow a valid second test should not constitute a refusal under
Section 1547(b)(1) of the Vehicle Code, Alternatively, petitioner argues that because
the difference between the results of the two tests shown on the test ticket was less
than .02, the first valid test can still be used against him in the criminal trial and,
therefore, there should be no suspension of his driving privilege based on a refusal to
perform a breath test.
The Vehicle Code at 75 Pa,C,S, Section 1547(c) provides:
(c) Test results admissible In evldence.-In any summary
proceeding or criminal proceeding In which the defendant Is
charged with a violation of section 3731 or any other violation of this
title arising out of the same action, the amount of alcohol or controlled
substance In the defendant's blood, as shown by chemical testing of
the person's breath, blood or urine, which tests were conducted by
qualified persons using approved equipment, shall be admissible In
evidence.
(1) Chemical tests of breath shail be performed on devices
approved by the Department of Health using procedures prescribed
jointly by regulations of the Departments of Health and Transportation, .
,. (Emphasis added,)
The Pennsylvania Code at 67 Pa, Code 77.21 et~, sets forth the regulations
of the Department of Transportation for test procedures for breath test equipment
-2-
97-0002 CIVIL TERM
used to determine the alcoholic content of the blood of persons suspected of
operating a motor vehicle while under the influence of alcohol. Section n.24(b)(1)
provides that the procedures for alcohol breath testing shall include, at a minimum,
'(T]wo consecutive actual breath tests, , ,," Subsection (b)(2) provides lnmr~:
The lower of the two actual breath test results will be the result used for
prosecution, The test results will be disregarded, and the breath test
device will be removed from service under ~ 77,25(b)(4) (relating to
accuracy inspection tests for Type A equipment) if one of the following
occurs:
(i) If the difference between the results of the two actual
alcohol breath tests is ,02 or more, for machines read to the
second decimal place, or ,020 or more for machines read to the
third decimal place,
In Commonwealth of Pennsylvania, Department of Transportation, Bureau
of Driver Licensing v, Pestock, 136 Pa. Commw, 694 (1990), Pestock was arrested
for driving under the influence, He agreed to take a breath test, however, as he was
blowing into the machine for approximately ten minutes, he allowed air to escape
around the sides of the mouthpiece, The machine recorded the two samples at ,143
and ,131, Just as in the second breath test in the case sub iudice, the machine
registered the two air samples as deficient. The Department suspended Pestock's
license for one year for refusing to take a test. At a hearing before the trial court,
Pestock argued, inter alia, that the two readings obtained were within ,02 of each
other and therefore could be used for prosecution notwithstanding that the machine
registered the samples as deficient. The Commonwealth Court reversed the
suspension which the Department appealed, stating inter ~:
-3-
97-0002 CiViL TERM
Although the regulation does not address the situation of deficient
samples (which, In this Instance, happen to be within ,0201 each other).
we mUlt conclude that Iuch lamplel do not conltltute 'actual breath
teet.,' An 'alcohol breath test' is defined In 67 Pa,Code ~ 77.22 as
'chemical testing of a sample 01 a person's expired breath, . , In order
to determine the concentration of alcohol In the person's blood.' In this
Instance, the machine Itself signaled the operator that a dellclent sample
was obtained, an indication that the true concentration 01 alcohol could
not be determined, Further, the officer testified that Pestock did not
follow his Instructions and that he continually allowed air to escape
around the sides 01 the machine's mouthpiece, rather than closing his
mouth tightly around the mouthpiece as directed, We have held that
such conduct evidences less than a total conscious effort and is
tantamount to a relusal to take the test. Budd Appeal, 65
Pa,Commonwealth Ct. 314, 442 A.2d 404 (1982), (Emphasis added.)
In Croll.ant v. Commonwealth of penn.ylvanl8, 114 Pa. Commw, 601
(1987), appellant completed one breath test with a reading 01 ,30, However, he failed
to provide a sufficient amount 01 breath to obtain a second valid reading, The
Department 01 Transportation suspended appellant's license for one year for refusing
to submit to breath testing, On appeal, the trial court In Allegheny County sustained
the suspension, Appellant had been accepted into an ARD program on the
underlying charge 01 driving under the Inlluence, His license was suspended for 120
days in the ARD program on the basis of the one valid ,30 breath test. In that ARD
program, the length 01 the Iicl3nse suspension was based Intm: ~, on alcohol test
results. Appellant argued that his civil one-year suspension under Section 1547
should be vacated because the Commonwealth used the one valid breath test In his
criminal case, The Commonwealth Court stated that "[I]n this Commonwealth. we
have consistently held that the criminal proceedings have no relevance to the civil
-4-
97-0002 CIVIL TERM
proceedings of a suspension under Section 1547,' The court sustained the Section
1547 suspension because appellant had not submitted to two valid breath tests, See
1110 PennDOT v. Bulge" 10 D, & C,4th 415 (Westmoreland County 1991),
Petitioner herein did not perform a valid second breath test. Therefore, the
suspension of his driving privilege for one year under Section 1547 of the Vehicle
Code must be sustained.
ORDER OF COURT
AND NOW, this ~ () day of January, 1998, IT IS ORDERED that the within
appeal, IS DISMISSED.
By the. Court,
1
/
,
Edgar B, Bayley, J,
George H. Kabusk, Esquire
Office of Chief Counsel
Vehicle & Traffic Law Division
1101 S. Front Street
Harrisburg, PA 17104-2516
Michael S, Travis, Esquire
2 E, Main St.
Shiremanstown, PA 17011
For Petitioner
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COMMONWEALTII'S
EXHIBIT
.L
____-.,________._...~..-.=.I...........--
.
FEDERA~ SIGNAL CORP. I CMI INC
INTOXILYZER - ALCOHOL ANALYZER
PA MODEL 5000 SN S~-001e7~
lil91Z0/97
.
TEST %BAC TIME
DIAGNOSTIC OK Z3:09
AIR BLANK .000 Z3:09
SUBJECT TEST . 171 Z3: 11
AIR BLANK .000 Z3: 11
IIISUSJECT TEST .187 Z3: 1~
AIR BLANK .000 Z3: I'
CAL. CHECK .093 Z3: l'
AIR BLANK .000 i!3: l'
III DEFICIENT SAMPLE - VALUE
PRINTED WAS HIGHEST OBTAINED.
NO.~t:I DETECTED
f
-r'llnortkl !:~ K;l LIAtV
2 W5
'NIa ntST 086ERVtD
INTOXIL 'I"ZlA LOCA TIOH
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COMMONWEALTIrS
EXHIBIT
C:UMBERLAND COUNTY DUI DEPT.
J~'. ,_.
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0&
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COMMOIJWEAL TII OF PEIJIJSYLVAIICA 1
ISS:
COUllry OF CUMlJERLAIIP 1
I ell.Jl.U& II .t1La.t .tlll!. a.t.t<1eILl/.d eop.Lu 0& .tILl/. CILU6Jla.UOIL <<
cAunRArCOII
AeelVl/Ley C IVI.t.L& .l.ea..tu da.tl/.d
9/8/97
ACCURACY
10/3/97
d.JI.l.
<1 .tJlUI/., eOJLJt.I/.e.t, /Lnd eompe.ue. eOPII 0& .tILe. oug.uUt-t
,
CILe..LbJLa..tLoIL B AeelVl<1e!/ ClZ.Jl.t.L& .telLtu.
I'L W.t.tILU-6 WlLI/.ILI/.O&, C ILII.JI.CUL'L.t.o -6u mil 1L<1lLd <1'Ld 0& &.te.LLe. .U.a..t.
.
.
C-'\,
(----v.;,-I'l' . "J( L~
EUI/.e.IIIL . nl/.<1Jl.
UO'"'" 5001
Evalyn 1<.9'01. Nolnry rubUo
Co,n,ln 90'0, G,.nba,lm'" CounlY
My COllunl.."'n E.pI". fob, 8, IV"
COToolM~nrs
Cor.lMONWEAl.ll1 OF I'ENNSYLVANIA
.
DEI'Alnt\IFNT OF IIEAI.TII
AND
I>EI'AllTt\IENT OF TItANSI'OlnAIION
<ttertificate
OF
Breatlltesting Device Calibration
Ti,l. 1.10 e",llfy Ihol 011
09-08-97
Dole
olllNTOXILYZER SOOO, serlolllumber
64-001274
wo. eoUbrOllollle.led, olld Ihe degree of oeeuroey I. wllhllllhe rallge .peelfled IlIlhe
.
Oeporlmellt of lIeollh olld Oeporlmelll of1'r911,pOlloll01I RegulollolI' prolllulgated
ullder 5eell01l 1547 (eJ of Ihe "Vehicle Code", Ihe Ael of JUlie 17, 1976 (I'.L. 162,
No. RIJ(H Po. C.S, 1547(eJ, or. ameuded,
cu~mERLAN\) COUNTY DUI UEI'ARTMENT
COUR'IIIOUSE
CARLl51.E, I'A 1701l
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~.lInlur(' ('(',lillt'tllht'nlh If" Oltelnlnr or
olh('I ^l1lhtlli,clll'cnoll
J!\MES R. SI\DLER
i)j; N~ll;e ii~,;-----
9/8/97
Un,.
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1'.,"1,.1111..1.' .' .09/111l/91.__".
"A .",~~,//
('.lIili.lllly". '/~" -;'., .::. -;:<'~
....,.--- SillllilllllC
~ JAMIi:S. R.,SAlH.ER
I),II~ Nallll: II",C
Tesl Resllhs COIISIUIII
A, 047 "I. .05"10
0, . --ll~11- "I. ,05"10
LOT' 96170 C. 049 "10 ,os.,.
O. 047 .,. ,05%
B. 047 % ,05"10
TOTAL
flit.
CAI.IIIIlATIUN TEST
AbsollllC
l>iHercllcc
~
003
"I.
,~QL"I.
001
003
003
%
.,.
"I.
.012%
"VEN""E lIEVIATIlIN . -rul.I----,-012
5.0
'I.
. ,.QQL.'.
Test Rcmh,
A, 096 %
0, 097 "10
LOT' 97020 C, 098 '1.
D, 0119 "10
B, . -.ll.91l- "10
AI'EII""E Ilt:VIATIllN . 1'ul.1
Test !lesllUs
A.
149
%
IJ, .---1.AL-'"
LOT' 96181
c, .~O
.,.
0,
I!,
148
147
"I.
"I.
"V":IIA("~ ....;VIA...IUN _ Tuhll
Absolllle
COIISIUIII Ilirf.rellce
,10"10 004 .,.
,10"10 003 '10
.10"10 002 _ 11/.
,10"10 001 '10
.10"10 002 "10
TOTAL .012%
..llUL'I. . ,_QQl.......
5.0
Absohllc
Conslanlt Diffcrellcc
.15'10 001 "I.
,15"1. 001 "10
,15"10 000 11/.
,15'10 002 "10
,15'10 .~03'1o
TOTAL .007%
.007% 'I. 001
. ,---,...
5.0
,..
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. The ~oUlI~nl tor this lulu or h:.U l1IuII tu: above .IO~.IIIIUIllC lIIuldllh: or .O)~.. '1,'01 (\IUlllll(; .1''''., .211~..
CII:,)" rhc~clllncl.l upcUlur or IIllllio,llCLlIlCUUlllUlltl (nll:r Ihe MIl1l1llIHI0IIC II111ulhHl ill 4:1/0(11 urllu: lin: .llil~":1
or 11I111;01UIIII1.
NOTE: AllENfllIES MilS!' liE !'VI'U'
J
COMMONWEALTH OF PENNSYLVANIA
.
L>EPARTMENT OF IIEALTII
AND
DEPARTMENT Of' TRANSPORTATION
(!ttrtificatt
OF
Breathtesting Device Accuracy
This Is 10 cerllfy Ihat on
3 Oct 97
Uale
.
an INTOXIL YZER 5000, serial number
64-001274
was tested for accuracy, and Ihe degree of accuracy Is wllhln Ihe range specified In
the Ueparlmelll of Ueallh aud Deparlment of Transporlalloll Regulations
promulgaled under Seclloll1347 (c) of the "Vehicle Code", the Act of June 17, 1976
(P.L. 162, No. 81)(13 Pa. C.S. U47(c), as amended.
CUM8ERLANU COUNT\" DUI DEPARTMENT
COURTlIOUSF.
CARLlSI.E, PA 17013
(717) 240.6222
Si'lIl1ltlfC'
".- f14.-vr=-
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IHied n,coalh rc,1 U"erlltor
.
John D. Metro
lypc N;;;;;r;;ir
3 Oct 97
c.lt
. ....
Certlned Dale:
Ccrllfi<d Dy:
3 Oct 97
0'..... f/t,~
SJ liUlII C
John D. Metro
Trpc HOlme Ilelll
".,
ACCURACY INSI)ECTION TEST
Absalllle
Tesl Results COlIslant Dlffcrcllce
A. 096 ", .10% OQA %
D. 095 'V. .10% . 005_ %
97210 095 005
LOT * C. % .10% % .
D. 094 % .10% 006 %
e. 095 % .10% 005 %
TOTAL
AVERAGE DEVIATION _ Talal ,025 'V.
5.0
_ ,005 'V.
,.
NOTE: AU. ENTRIES MUST UE TVI'EII.
CONMONWE1.LTH 01'
PENNSYLVANIA DEPARTMBNT
01' TRANSPORTATION,
PLAINTI&'&'
IN THE COURT 01' CONNON PLZAS
01' CUMBERLAND COUNTY,
PENNSYLVANIA
VB.
No, 97-60.0.2 CIVIL ~RM
TIMOTHY &'RANK KILLIAN,
DEI'ENDANT
ENTRY 01' APPEARANCE
Please enter my appearance on behalf of the Defendant, Timothy
Killian, in the above captioned matter.
Date: January 26, 1998 Respectfully,
- /
~- ~'-
Michael S. Travis
Attorney for Petitioner
ID No. 77399
2 East Main Street
Shiremanstown, PA 170.11
(717) 731-1461
Fax 761-1974
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COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
V,
TIMOTHY F, KilliAN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-6002 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of January, 1998, IT IS ORDeRED that a photocopy
may be made the Intoxllyzer ticket, Commonwealth Exhibit No.2, and the photocopy
contained In this civil file. The original document shall be returned to the police
officer.
George H. Kabusk, Esquire
Office of Chief Counsel
Vehicle & Traffic Law Division
1101 S. Front Street
Harrisburg, PA 17104-2516
Michael S. Travis, Esquire
2 E. Main SI.
Shiremanstown, PA 17011
For Petitioner
_ c...,..!..........., ,.,.~...L l:J.1~.~.
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JAMES M. BACH
ATTORNEY AND COUNSELOR AT LAW
362 BOUTH SpORTING HILL ROAD
MECHANICSBURG, PA 11061l
TELEPHONE (117) 73702033
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COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION.
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
~ NoJ1. /,CJVt'IVIL TERM
vs.
TIMOTHY F. KILLIAN.
DEFENDANT
ORDER
AND NOW, on this 1 day of '--/tn,ttIJ'e,\.... 1997. after
considering the within Petition, an Appeal is allowed from the action of the Bureau of
Driver's Licensing, Commonwealth of Pennsylvania, to the Coun of Common Pleas
of Cumberland County, Pennsylvania, in the matter of the within Suspension of
Operating Privileges.
The proceeding shall act as a supersedeas pending final hearing and decree.
. 1\1 d. I lCl'rG .
Heanng to be held on the .....1.,. day of~. 19~7. In Court Room-==-
of the Court of Common Pleas of Cumberland gounty,~ennsylvania. situate in
Carlisle, Pennsylvania, at _ /'.?;:, a.m.lp.m. ~Q..~ ~ 1)."-cA.h v:=i~
Cw- ~~
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BY THE COURT:
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COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
'1././..uu :v
No. CIVIL TERM
vs.
TIMOTHY F. KILLIAN,
DEFENDANT
APPEAL FROM DRIVER'S LICENSE SUSPENSION
To the Honorable the Judges of said Court, the Defendant herein, by his Attorney,
JAMES M. BACH, ESQUIRE, respectfully files the within APPEAL:
1. Your Petitioner is an adult individual residing at 158 Wyoming Avenue, Enola,
PA 17025.
2. Your Petitioner received an Official Notice of Suspension of Driving Privileges
on or about October 09,1997. Said Notice is attached hereto and marked as Exhibit "An.
3. The Notice indicates that the Petitioner was in violation of Section 1547 of the
Driver's Code.
4. Petitioner believes that the proposed suspension is incorrect and without legal
justification.
WHEREFORE, Petitioner prays that this Honorable Court hold a hearing on this
Appeal, and furthermore, let him operating privileges be retained pending such hearing.
RESPECTFULLY SUBMITIED,
Date:
/P- 7- 8' - <jJ '7
~ If---(.
SM. BACH, ESQUIRE
orney J.D. No. 18727
352 S. Sporting Hill Road
Mechanicsburg, PA 17055
717-737.2033
Attorney for Petitioner
I
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
OCTOBER 09, 1997
ENOLA PA
17025
972756117206899 001
10/02/1997
17545921
08/L 7/1956
TIMo.THV FRANK KILLIAN
158 WVI)MING AVE
...' .
Dear Motoristl
As a result of your violatiDn of SectiDn 1547 of the
Vehicle Cade, CHEMICAL TEST REFUSAL Dn 09/20/1997, your
driving privilege is being SUSPENDED fDr a periDd of 1
YEAR,S) .
In Drder ta camply with this sanctian YDU are required tD
return any current driver's license, learner's permit
and/Dr temparary driver's license (camera card) in your
possessiDn no later than the effective date listed. If yOU
cannot comply with the requirements stated abave, you are
required ta submit a DL16LC Form or a swarn affidavit
stating that yau are aware Df the sanctian against yaur
driving privilege. Failure ta complY with this notice
shall result in this Bureau referring this matter ta the
Pennsylvania State Police for prasecutiDn under SECTION
1571(a)(4) of the Vehicle Cade,
Although the law mandates that your driving privilege is
under suspensian even if yau da not surrender your license,
Credit will nDt begin until all current driver's license
product(s), the DL16LC FDrm, or a letter acknowledging YDur
sanction is received in this Bureau,
,
i
WHEN THE DEPARTMENT RECE I VES YOUR LICENSE OR
ACKNOWLEDGEMENT, 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 11/13/1997, 12:01 8.m.
**************************************************.***..............
IWARNING: If you are canvicted far driving while yaur license 1s I
Isuspended, thft penalties will bel nat less than 90 days imprisDn-1
Iment and a 1,000 fine and an additianal 1 year suspension. I
**********.*..*********************..**..*..~***.****...--......
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COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
; No.'lJ -~oo'l.. CIVIL TERM
vs,
TIMOTHY F. KILLIAN,
DEFENDANT
AMENDED APPEAL FROM DRIVER'S LICENSE SUSPENSION
To the Honorable Judges of said Court, the Defendant herein, by his Attorney,
JAMES M. BACH, ESQUIRE, respectfully files the within APPEAL:
1. Your Petitioner is an adult individual residing at 158 Wyoming Avenue, Enola,
PA 17025.
2. Your Petitioner received an Official Notice of Suspension of Driving Privileges
on or about October 9,1997. Said Notice is attached hereto and marked as Exhibit "An.
3. The Notice indicates that the Petitioner was in violation of Section 1547 of the
Driver's Code.
4. Petitioner believes that the proposed suspension is incorrect and without legal
justification BECAUSE THE PETITIONER DID GIVE A BREATHE SAMPLE WHILE
UNDER ARREST,
WHEREFORE, Petitioner prays that this Honorable Court hold a hearing on this
Appeal, and furthermore, let his operating privileges be retained pending such hearing.
RESPECTFULLY SUBMITTED,
Date:
II' I~~ - 91
~ ~ ~ ~ _..1 ,
JAMES M. ACH, ESQUIRE
Attorney J.D. No. 18727
352 S. Sporting Hill Road
Mechanicsburg, PA 170.55
717.737-20.33
Attorney for Petitioner
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COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V5.
: No. 97.6002 CIVIL TERM
TIMOTHY F, KILLIAN,
DEFENDANT
CERTIFICATE OF SERVICE
I, James M. Bach, hereby certify that I have this date caused a true and correct
copy of the AMENDED APPEAL FROM DRIVER'S LICENSE SUSPENSION
AND ORDER and ORDER OF COURT WITH HEARING DATE in the above
captioned case to be served upon the person set forth below by depositing same in the
United States mail, first class, postage prepaid at Mechanicsburg, Cumberland County,
Pennsylvania, addressed as follows:
George Kabush, Esquire
Motor Vehicle and Traffic Safety
Department of Transportation
J,d Floor, Riverfront Office Center
1101 S. Pront Str~et
Harrisburg, PA 17104-2516
BY
JAMES M. BACH, ESQUIRE
1.0. 1/18727
352 S. Sporting HiIl Road
Mechanicsburg, PA 17055
(71') 737-2033
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