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HomeMy WebLinkAbout03-2153ANDREW T. STEWART Vo COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVING LICENSING - IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAl, AND NOW, comes the Petitioner, Andrew T. Stewart, by and through his attorneys, Mancke, Wagner, Tully & Spreha, and files the following License suspension appeal: 1. Petitioner, Andrew T. Stewart, is an adult individual residing at 61 E. Main Street, Mechanicsburg, Cumberland County, Pennsylvania, and a licensed driver within the Commonwealth of Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at P.O. Box 68693, Harrisburg, Pennsylvania. 3. On or about the 17t~ of April 2003, Petitioner received a notification suspending his license, and also indicating that he had to place an ignition interlock of his vehicle his license would be restored. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.c.s. Section 4904, relating to unsworn falsification to authorities. DATE: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 17, 2003 ANDREW TODD STEWART 61 E MAIN ST MECHANICSBURG PA 17055 WID ~ 031006111161469 001 PROCESSING DATE 04/10/2003 DRIVER LICENSE ~ 21602424 DATE OF BIRTH 10/16/1967 Dear MR. STEWART: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 02/26/2003 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on I0/27/200I: · Your driving privilege is SUSPENDED for a period of YEAR(S) effective 05/22/2003 at 12:01 a.m. WARNING: If you are convicted of driving while your J license is suspended/revoked the penalties will be a MINIMUM of gO days imprisonment AND a ~1,000 fine AND your driving Privilege will be suspended/revoked for J a MINIMUM 1 year period Before PennDOT can restore your driving priviiege, you must foiiow the instructions in this ietter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served ail the time on the suspension/revocation, we cannot restore your driving pr/v- llege unti~ all the requirements are satisfied. ~OMPLYING WITH THIS SUSPENSION You must return ail current Pennsyivania driver's iicenses, learner's permits, temporary driver's licenses (camera cards) in Your possession on or before 05/22/2003. You may surrender these .items before, 05/22/2003, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S L~CENSE FOR ~DENTIF~CATZON PURPOSES. However, You may apply for and obtain a photo identification card at any Driver License Center for a cost 0S1006111161q69 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 credit, proper Follow the Payment and mailing instructions on the back of the application. IGNITION INTERLOCK Before your driving Privilege can be restored You are re- quired by law to have all vehicle(s) owned by You to be equipped with an Ignition Interlock System· This is a result of your conviction for Driving Under the Influence· If you fail to comply with this requirement, your driving privilege will remain suspended for an additional year. You will re- ceive more information regarding this requirement approxi- mately 30 days before your eligibility date. ?ROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Zmmortant: Please make sure that PennDOT is notified if You move from Your current address. You may notify PennDOT of Your address change by calling any of the phone numbers listed at the end of this letter· 051006111161~69 of 810.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain Your photo identification card. You W111 not recelve c~edlt toward sePvlng any suspension untll we Peceive you~ license(s). Complete the following steps to acknowledge this suspension· 1. Return ail 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 68693 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of your Pennsylvania driver's license(s), Iearner's permit(s), and/or a sworn notarized ietter, PennDOT wilI send You a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us within $ weeks, piease 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)(~) of the Pennsylvania Vehicle Code. PRISON RELEASE RE UIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 000107, Court Term 2002 has sentenced You to serve a prison term for this oiation. Pursuant to Section iSqI(a.I) of the Vehicle Code, YOu wilI not receive credit for this suspension/revocation or any additionai suspension/revocation untiI you compIete your prison term and you have compiied with the requirements iisted in this ietter. The Court must certify Your com- pietion to PennDOT. You may wish to contact your probation officer and/or the Court after Your release to make sure that PennDOT is properiy notified. 031006111161q69 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civi! Division) within 30 days of the mail date, APRIL 17, 2003, of this letter. Zf you file an appeal in the County Cou~t, the Cou~t will give you a time-stamped cemtified copy of the appeal. In order for Your appeal to be valid, you must 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 1710q-2516 Remember, this is an OFFICIAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license Products to PennDOT by 05/22/2003. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 .m. IN STATE 1-800-932-q600 TDD IN STATE 0UT-0F-STATE 717-391-6190 TDD 0UT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, TULLY and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Office of Chief Counsel Department of Transportation 1101 South Front Street Harrisburg, PA 17104 By Debra K. Spinner, Secretary MA_NCKE, WAGNER, TULLY & SPREHA 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Andrew T. Stewart DATE ANDREW T. STEWART Vo · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PA - LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION ' BUREAU OF DRIVING LICENSING ' AND NOW, this ~ day of '~)')t & ~v~ ,2003, upon appeal of Andre~ ~: Stewart, a hearing on said License Suspension Appeal is set for the//-/~ day of (~tTt ~ 2003, at / /: / ~ o'clock ~_...m. in Courtroom No. ~ of'the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, all proceedings to stay meanwhile. Notice of' said hearing shall be given by Petitioner' s counsel to the Department o£ Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to § 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner' s appeal shall act as an automatic supersedeas, and Petitioner' s operating privileges shall not be suspended pending a final determination in this matter. Distribution: BY THE COURT: / . Prothonotary' s Office Office of Chief Counsel, PennDOT 1101 S. Front St., Harrisburg, PA 17104-2516 P. Richard Wagner, Esquire 2233 North Front St., Harrisburg, PA 17110 Jo ,.c,% o ANDREW T. STEWART, Petitioner V COMMONWEALTH OF PA : DEPARTMENT OF : TRANSPORTATION, BUREAU : OF DRIVING LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW 03-2153 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: CONTINUANCE ORDER OF COURT AND NOW, llth day of August, 2003, this matter having been called for hearing, it appearing that an aspect of this case is on appeal, by agreement of the parties, hearing in the within license suspension matter is continued generally. The matter to be relisted at the request of either party. By the Court, A. Hess, J. /eorge H. Kabusk, Esquire Pennsylvania Department of Transportation For the Commonwealth /P-Richard Wagner, Esquire For the Defendant :bg ANDREW T. STEWART, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2153 LICENSE SUSPENSION APPEAL ORDER AND NOW, this / b~ day of .'2)e,.e~d,<-- ,2003, the appeal filed in the above referenced matter is DENIED in part and REMANDED in part. The petitioner's appeal is DENIED regarding the one year suspension imposed under 75 Pa. C.S. 1532Co) as a consequence of the petitioner's conviction on February 26, 2003, for a violation of 75 Pa.C.S. 373 l(a) on October 27, 2001. The petitioner's appeal is REMANDED to the Department and the Department shall CORRECT THE RECORD AND RESCIND THE REQUIREMENT THAT THE PETITIONER COMPLY WITH THE REQUIREMENTS OF THE IGNITION INTERLOCK LAW, 42 Pa. C.S. 7001-7003, that the Department imposed without a court order as a condition to the restoration of the petitioner's driving privilege as a result of the petitioner's violation of Section 3731 of the Vehicle Code, violation date October 27, 2001. BY THE COURT DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104-2516 P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 l!