HomeMy WebLinkAbout01-2477 FX
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RONALD E. STINE
Petitioner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: Ot- J.'f71 CWil ,-~
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION
Respondent
LICENSE SUSPENSION APPEAL
AND NOW, this#(P-fh day of April, 2001, comes Ronald E. Stine, through his attorneys,
Mancke, Wagner, Hershey & Tully, who respectfully represent:
1. Your Petitioner is an adult individual residing at 111 Skyline Drive, Mechanicsburg,
Cumberland County, Pennsylvania.
2. Your Petitioner is a licensed automobile operator in the Commonwealth of Pennsylvania
who has received a notice of license suspension for an alleged violation of ~ 1547. A copy of said
notice is attached hereto and made a part hereof as Exhibit A.
3. Your Petitioner believes that the license suspension is illegal, unjust and improper for
reasons which include, but are not limited to, the following:
a. the wamings of the consequences of the refusal were untimely,
inadequate and/or confusing;
b. the instructions were inadequate and/or confusing concerning
the taking of the breath test;
c. there was no valid refusal;
d. there was no factual refusal to take a chemical test;
e. there was no knowing and/or intelligent refusal;
f. any alleged refusal was due to operator's error;
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g. the processing did not comply with the Cumberland County
procedures and/or procedures set forth in 67 Pa.Code ~24;
and
h. the motorist was confused concerning the operation of the
breath test and any consequences of any alleged refusal.
WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine
the validity of the license suspension outlined in Exhibit A.
Dated: 4-~-6J
John Mancke, Esq., ID No. 07212
Manck Wagner, Hershey & Tully
2233 N. Front Street, Harrisburg, PA 17110
717-234-7051, Attorney for Petitioner
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APR-03-01 rUE 10: 17 AM ,~BY.RAHAL HONDA, FAX NO. 7118953 P. U1
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CDMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureall of Driver Lieensing
Harrisburg, PA 17123
IIPRll. 03, 2DOl
RONALI) E STINE
111 SKYLINE DRIVE
010866114203899 001
03/27/2001
1721118'14
02lD7/196D
MECHANICS BURG PA 17055
V"'le Mublrist'
lis i1 result of your viOlation of
V"hj.~l" code, CHIOMlcAL TEST REFUSAL
driving I'rivilcgc is being SUSPENDED
YF:AR(S).
Section 1547 of the
an D2/11/2DD I, your
for " I""rlod of 1
I~ o~d"r to comply with this sanction yoU are required to
rQtll~n allY Cllrront dril,orts lit~ns~_ learner's permit and/or
tnm~Qr~rw driver's license (camera tard) in yoqr possession
nD later tl\iln th<: "ffective date listed. If YOU c"nnot
cO"IPly with the requiremehts 5t~ted aboveJ you are required
to submjt R OL16LC For~ or a sworn affidavit stating that
yuu nre nw~re of the $~nction against your driving privi-
l"Qe, P'lilul''' to COMPly with this notice sha;n result in
tttis Utrroau roferring tllis matter to the Pennsylvania State
Police for prose<:ution undor SECTION 1571(8)(4) of the Ve-
loiclQ ClI(le.
Although the Jil~l mand"tes that your driving privilege i"
\lllde.' suspensiun evon if you de not surrender your license~
Ci"edit ~/ill tlot begin until all current drlver I s license
ProdUct(s), the OLI6LC Form. or a letter acknowledging your
~~nction ~s ~oce~ved in this Bureau; , . . .
WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE-
Mf'NT, W~ WILL SENO YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS
IH:CEIPT IHTIIHI 15 DAYS CONTACT TilE DEPARTMENT IMMEDIATELY.
OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS
SANCTION. '
ij1f' el'fl1c'tive date 01 suspension is 05/08/2001. 12:01 a.m.
X~**~**~~**********~*************~~~******~****************
I W^RNJN~I If you are convicted for driving w~ilB your I
I license is suspended, the Plnalt1es will bel a MINIMUM I
, of 90 doys imprisonment AND a 1,000 fine AND your I
I license will be suspended for 1 year. I
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EXHIBIT
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ClJ8~ RAHAL HONDA '
FAX NO.
7118953
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APR-03-01 rUE 10:17 AM
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U.lOB6(,lFI?-O~B,)9
rla~~Q SOQ tho anclosad ~pplication for restoration fee in-
form"tian.
M'.e..E.~L.
VOl' how" the right to appeal this action to the Court ot
CLlmmon Plens (Civil Division) wi'l:hin 30 days of the mail
date, APRIL 05. 2001. <It this letter. Ii' you i'ile an appeal
ill the county court, tile COUl"t wi.ll give you a time-stamped
ce~tifie~ copy aT the appeal. In order for your appeal to
~u:v~lid, you ~U5t-5eod this time-stamped certified copy-of'--
tho APpenl by cortified m~il to:
PnnnsYlvanja Department of TranspDrtation
OffiCe of Chief Counsel
Third Floor. Riverfrant Office Center
Hnrrisburg, PA 1710~-2516
Sincerely,.
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Rebecoa L. Biekley, Dir.otor
Bureau 0" Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO:
IJep~rtment of Transportation
Burenu of Driver Licensing
P.O. Box 6fl693
Harrisburg, PA 17106-8693
INFORMATION (7.o0
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-Of-STATE
AM TO 9,00 PM)
1-1300-932-4600
717-391-6190
1-$00-228-0676
717-391-6191
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I hereby verify that the statements made in this 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.
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RONALD E. STINE
Petitioner
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: ()/- :1H?7 C'o~C'-r~
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION
Respondent
ORDER
AND NOW, this A day of iVl ;;> I ' 2001, upon consideration of the
within Petition, it is hereby ordered and decreed that a hearing be held on the :J3P!;day of
n. P,p1'
'I'~. ' 2001, at 3:00 o'clock in Courtroom / ,Cumberland County
Courthouse, Carlisle, Pennsylvania.
Notice of said hearing shall be sent by certified mail to the Department of Transportation
by Petitioner's attorney at least sixty days prior to the date of the hearing.
By the Court,
C' Cl.
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RONALD E. STINE,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
NO. 2001-2477
COMMONwEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION
,
BUREAU OF DRIVER LICENSING
,
RESPONDENT
LICENSE SUSPENSION APPEAL
MOTION FOR CONTINUANCE
The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver
Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully
represents as follows:
1. The Department mailed to Ronald E. Stine a notice dated April 3, 2001 informing him
that as a result of his violation of Section 1547 of the Vehicle Code, relating to Chemical Test
Refusal, on February 11, 2001 his driving privilege was being suspended for a period of one year.
2. Mr. Stine filed an appeal of the above-mentioned suspension in the Court of Common
Pleas of Cumberland County.
3. A hearing in the matter is scheduled for July 23,2001, at 3:00 p.m. in, Courtroom No.
I, Cumberland County Courthouse, Carlisle, Pennsylvania.
4. The refusal was reported to the Department of Transportation by Officer Richard J.
Tamanosky, II, ofthe Lower Allen Township Police Department.
5. Officer Tamanosky was the arresting officer in the incident and is a witness for the
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Department of Transportation in this matter.
6. The undersigned was informed by Officer Tamanosky on May 24,2001 that Officer
Tamanosky will be unavailable to testify on July 23, 2001 because Officer Tamanosky is
scheduled for training on July 23, 2001.
7. The undersigned counsel respectfully requests a continuance and that the case be
scheduled at a later date.
8. The motorist's operating privilege has been restored pending appeal pursuant to
Section 1550 of the Vehicle Code.
9. The undersigned counsel contacted John B. Mancke, Esquire, attorney for the
petitioner, and Mr. Mancke indicated he has no objection to the granting of a continuance in this
matter.
WHEREFORE, the Department respectfully requests that its Motion For Continuance be
granted and that the aforesaid hearing be continued.
Respectfully submitted,
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George ~abusk, Esquire
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street.
Harrisburg, PA 17104-2516
(717) 787-2830
Date: May 31,2001
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RONALD E. STINE,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2477
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
LICENSE SUSPENSION APPEAL
VERIFICATION
I verify that the statements made in the Motion for Continuance are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904,
relating to unsworn falsification to authorities.
L:it.J/u<:'
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
DATE: May 31,2001
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RONALD E. STINE,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2477
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the Motion for Continuance upon the
person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania
Rules of Civil Procedure:
By first class mail, prepai~, addressed to:
John B. Mancke, Esquire
Mancke, Wagner, Hershey & Tully
2233 North Front Street
Harrisburg, PA 17110
.L~~
George H. Kabusk
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
DATE: May 31,2001
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JUN (} 12001 to
RONALD E. STINE,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-2477
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this~dayof
":\~
, 2001, the
Department having requested that the above-mentioned matter be continued because Officer
Tamanosky, who is the arresting officer and a necessary witness in this matter, is unavailable to
testifY on July 23, 200 I, and without objecti0n of the continuance by the petitioner, the appeal
filed in the above referenced matter is CONTINUED and RESCHEDULED for the
/...a.:r day of ~
,2001,at lo:tfS-tl .m.,inCourtroom
Number 1 in the Cumberland County Courthouse, Carlisle, Pennsylvania.
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BY THE COURT
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DISTRIBUTION:
George H. Kabusk, Esquire, Commw. ofPa., Dept. of Trans., Riverfront Office Center, 1101
South Front Street, Harrisburg, PA 17104-2516
John B. Mancke, Esquire, Mancke, Wagner, Hershey & Tully, 2233 North Front Street,
Harrisburg, PA 17110
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CHEMICAL TESTING WARNINGS AND REPORT OF 01086
REFUSAL TO SUBMIT TO CHEMICAL TESTING AS
AUTHORIZED BY OF THE VEHICLE CODE
611.-L~
203899
SECTIoN 1547
NAME
FIRST
iZ"'I~AI
ADDRESS
I.IIlOLE
CllY
SEX DAlE Of DIR1H
MONlH DAY YEAH
M "2.. T G.o
STATE ZIPCODE:.
E.
LAST
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II \ S \::.. \; >-1G l".
DRIVER NUMBER
Sl AlE
~e:L""A-U:,'t..S..hud rA I "7oSS-
CHEll TEST REQUESl DAlE SOCIAL SECURITY NUMBER
MONtH o.a.V YEAR
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. SECTION 1547 - CHEMICAL TESTING WARNINGS .
. . . ' ,', .
1. Please be advised that you are now under arrest ror driving under the fnlluance or alcohol or a conlrolled -ub,tance pursuant to lacUon 3731 of
the V.hlcl. Code. '
2. I ~ requesting that you submit to a chemical tast 01 B~A~ (breath, blood Dr urine. Officer chooses the chemical tesL)
3. II I. my duty, as . pDllce officer, to Inlorm you Iballl you r.luo. to submit 10 Ibe chemical taot your operallng prlvilege will be suspended lor a
period 01 one year. ' '. .
4. a) The conolllUtional rights you have as a crImInal dafendan~ commonly known a01l1e MfrlUlda RIghts, Including 1I1e rlghllo speak wllb a lawyer and
the right 10 remain silent. apply only to crlmlnal.f':rosecutlonl and do not apply to tho chemlcaf tesllng 'procedure under PSMsylvanla". Implied
Consanllaw. which Is a civil, nol a crIminal procsedSng. . . , . .
b) You have no righllo speak to a lawyer. or anyone 0150, borare taking Ulo chemical lest ruquosted by lhe ponco alUcer nor do you have aright to
remain silent when, askad by Ihe police oWc8r to submit to tho c:be~lcal19sL Unloss you agrea to submit to the tasl requested by tha pollee officer
your conduct will be'deemed 10 b.JuerulSal and your operating prlvUege will be luspended for one year. . '
0) Your refullllo lubmlt 10 chomlcal ..sting under Ibo Impllod Consont Law may bo Inlroduced Into ovldonco In a criminal pro.ocullon lor driving
while undar Iba Innuence 01 alcohOl or a conlrollad .ub.l8nce." .' . . .
I cerUly that I have read the above warning to the molorist regarding the suspension or their operating prlviJege and gave th9 motorist an opporlU-
nlty to submit to chemical lasting. ...:;;:' 7) 7' ' ,~ --- , .' - '~ '
Stgnaturo of Orucer: f'-. ,Yo ~t.-uu1,;.:::;r. Date: "Z- ;.;.. . \ - 0)
I have been advised of Ihe above.
Signature of Mplorlll: . Dale:
Molorisl refused 10 sign, after being advised. ...!:?' . D. j.. ,. '-. " _ J~,. ..!l-...
Signature of Officer: -r.... +- / - ~ _
Data:
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AFFIDAVIT
1. Tha abovQ motorfst was pfacad under arrest for drivfng under the fnfluence of alcohol or a control(ad .ubstanC"a In ylolaUon or Suedon 3731 or 1M .-.,L
Vehicle COdlll, and there were reaacnable ground. to bolllllve that Ule abovo motorlsl had been drlvlna, operaling or In aclual phYllcaI c;onlrQI of ., :.!~~..
tho movemanl 01 a molor vehicle whllo under the Influence of alcohol or _ controUed'lubltance or both. ' " . >"h......,: .
or
Thai the abo....e named motorist wallnvolved in an accident In which the operator or passenger of any vehicle Involved Of a pedattrian required
lrealment at a medical facility or was killed. ' .. ... .
2. The above motorl.t wao requa.ted to .ubmlt to chamlcalta.llng as aulborlzed by Secllon 1547 or Ibe Vehicle Code.
3. The abovQ motorist was informed by a police oUlcer of Ills chemicallellt warnings contalnad In paragraph 3 and .c above.
4. The above namod motorist rolysed to aubmltto chamfeal tOiling. . .
OFFICER NOTE: The r.ru..llo sign Ihl. ferm I. nol a refu..1 to aubmlt '-0 Ih. chemIca) '..1.. You muat aUII glv. the molor'.l an opportu-
nlly 10 take the chemical t..' _..., .revlewlng thla form. n Ihelndlvlduar w.. operating a commerclar molor vehicle while having any
.rcoh~1 or. conlrolled lubl.anc.ln 'helr .y,..m, you mu,I.llo complate the raver.. Ilda or .hls rorm~
Olllcer Signalu~e: ~.;7. .7 '--'-- a.JL~,,-:IC
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Oflicer Name:
Richard J. Tamanosky. II
(l~DrPrlnl)
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1824
JurlsdlcUon: Lower Allen TWP.
F"
Badge Number:.
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Forward 10:
D.opartmenl 01 Transportallon
Bureau of Driver licensing
P.O. BO)(2253
Harrisburg, PA 17105
THIS FORM MAY BE OUPlIC^).e,~ 10/
,Phone:<l!lJ 975-7575
Mailing' Addross 1993 Rummel Ave_
"
Camp Hill. l'A
17011
Note: Any pertinent facls nol covered by the aHidavlt should be submItled on a
separate sheet and attached heralo. Thal sheal should Inctude the names 01
L.i.-,,~c!diUon.~ WUneS&9S ~~l?assary. ~o PTOY~ ~hs f!~l~~ants to wh,ich you hav~ aUas~~.
F''-'.'-:::...:~ ' " '.' -,-, .;. -, .~- ,"." "-.~;..;
~mONAl SUPPLIES OF lHlS FORM MAY 8E SECURED 8Y COMPLETING FORM OS.SI tA
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DEPARTMENT OF TRANSPORTATION
& DEPARTMENT OF HEALTH
, I HE,REBY CERTIFY THAT Richard D. Fitzgerald HAVING SUBMITTED
. SAT:ISFACTORY EVIDENCE TO THE DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF .
HEALTH OF HAVING SUCCESSFULLY COMPLETED COURSE "A" OF THE APPROVED COURSES
OF "TRAINING AS PROVIDED BY LAW, IS HEREBY DESIGNATED QUAL.IFIED TO OPERATE ONLY
SUCH APPROVED TYPE-A EQUIPMENT, USED IN CHEMICAL TESTING FOR INTOXICATION, AS TO
WHICH INSTRUCTION WAS RECEIVED DURING THE COURSE OF TRAINING.
TYPE-A APPROVED EQUIPMENT
Intoxilvzer 5000
IN TESTIMONY WHEREOF, I, a duly authorized agent, have hereunto set my hand and affixed the seals of .
the Department of Transportation and Department of Health This 19th day of December ,19..2,L, i
I [
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Seals
tf1t_ r
For SECRETARY OF TRA SPORTATION
and SECRETARY OF HEALTH
Commonwealth's
EXHIBIT
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COMMONWEALTH OFPENNSYLVANIA )
)SS:
COUNTY OF CUMBERLAND )
I certifY that the attached copies of the Calibration & Accuracy Certificates
CALIBRATION
dated 1/15/01 I
ACCURACY
1./15/01 tIJ"e a tl-ue, correct, and co!nplete
copy of the original_Calibration & Accuracy Certificates.
In witness whereof, I_hereunto set my halld alld official seal.
l(CurSlv
No~rial Seal
Kathryn L. Shrcude.r. N::11ar;' Ft.1b:Jc
Carlisle Bore, Cumbsrl2.i1d C~,;mty
My Carr.ml:::sicn Expire:> Nev., 5, 2CQ1
ber, Pennsytvanla AsSOCIation 9t Notarles '
.
Commonwealth's
EXHIBIT
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT or HEALTH
AND
DEPARTMENT OF TRANSPORTATION
(tttrtificutt
or
Breathtesting Device Calibration
This is to certify that on
January 15,2001
Date
an INTOXIL YZER 5000, serial number
64-001274
was calibration tested, and q.e degree of accuracy is within the range specin~d in the
~
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Departmenl of Health and Department of Transportation Regulations promulgated
under Section 1547 (c) of the "Vehicle Code", the Act of Jun~ 17,1976 (P.L. 162,
No. 81'(75 Pa. C.S. 1547(c), as amended.
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CUMBERLAND COUNTY DUIDEPARTMENT
COURTHOUSE
CARLISLE, PA 17013
George ~ Chaooskv
Type Name Ilere
January 15,2001
Dnte
LOT" 001 fiO
LOT" 00190
LOT" 00170
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Certified Date:
Certified By:
Jan~ 15,2001
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Signll,urr (7JlZj:
Ceerge J-GhapOsky
Type Name l--h:re
CALmnATION TEST
Test Resulls
Absolute
Difference
Conslant
A. 049 % .OSOJ. 001 "l.
B. 050 % .05% ono "l.
C. 048 "l. .05OJ. 002 OJ.
D. 048 OJ. .05OJ. 002 OJ.
E. 049 OJo .05 OJ. 001 %
TOTAL 006 ,
A VliIlAG" IlEVIATION g Tolal
006
001 .'
0:: ._~,II
'I.
5,0
Test Results
'~
Absolule
Differeuce
Conslanl
.' A. 098 % .IOOJ. OJ.
nn? .
B. .100 OJo .IOOJ. 99G OJ.
C. .10n OJ. .10% 000 %
D. . 100 OJ. .10OJ. ana OJ.
E. .0qR OJ. .IOOJ. 002 OJo
TOTAL nn&
A VEIIAG" Il"VIATION g Tolnl
004
g .~OO .,.
'"
5.0
Tesl Resulls
Absolute
Difference
Canst ani'
A. 142 OJ. .15OJ. 008 "l.
B. l',S % .15% 002 OJ.
C. 149 OJ. .15% 001 OJ.
D. 14q OJ. .15% 001 OJ.
E. 149 "l. .15OJ. 001 %
TOTAL 013
AVliIlA<m m:\'IATH)N g Tolal 013
g . 002 %
%
5.0
. The conslant for Ihis serit:s of (CSIS mllsl be nbove .100/11 in some multiple 01' .05"10 (For example: .15%, .20%,
etc,). The certified operalor or nUlhori:lcd person musl enter the appropriate nOLalion ill each of Ihe five splices
of this column.
NOTE: ALL ENTRIES MUST liE TYI'EfJ.
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF IIEALTH
AND
DEPARTMENT OF TRANSPORTATION
<!Lerttftcut.e
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.01'
Breatlltesting Device Accurac'y
This is 10 cerlily t~al on January 15,2001
Dale
an INTOXIL YZER 5UUU, serial number
64-001/74
was tested lor accuracy, and the degree 01 accuracy is wilhin the range specified in
the Department of Health and Department 01 Transportation Regulations
promulgated under Section J 547 (c) oJ the "Vehicle Code", the Act of June 17. 1976
(p.L. 162, No. 81)(75 I'a. C.S. 1547(c), as amended.
CUMBERLAND COUNTY DUI DEPARTMENT
COURTHOUSE
CARLISLE, I'A 17013
(717) 240-6222
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Sign.,m, eel n'd-ft,1lh T,,' 0 ,mlor
_~-9-~_.J Chaposky
l)'pe- Nmne Here-
January 15,2001
Uale-
,
LOT N 00190
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Certified Dale:
Certified By:
Signlllure
George J chaposky
Type Name I-Ierc
ACCURACY INSPECTION TEST
Test Resulls
Absolule
Difference
Conslant
A. 099 % .10% 001 '1.
B. 100 "I. .10"1. 000 "I.
C. 099 "I. .10"1. 001 "I.
D. 098 "I.' .10% 002 "'''1.
'.
E. 098 "I. .10"1. 002 "I.
TOTAL 006
AVERAGE DEVIATION = 1'0101 .006
5.0
=.~%
"I.
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NOTE: AI.I. ENTRIES MUST liE TYI'E1>.
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COMMONWEAL I H OF PENNSYLVANIA
CO,JN7" OF O"UPHIN
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SUMMONS
CRIMII .L COMPLAINT Al'1ID
PROBABLE CAUSE AFFIDA vir
COMMONWEALTH OF
PENNSYLVANIA
VS.
Mag. C',.;,:, No.:
09101
CHARLES CLEMENT
OJ Name: Hon.
Address:
1106 CARLISLE RD
CAMP HILL PA 17011
71 7 761 4940
DEFENDANT:
Telephone:
NAME and ADORESS
RONALD EDWARD STINE
111 SKYLINE DR
MECHANICSBURG PA 17055 0000 00
_ Joii,.
*
Docket No.: CR-0000067-00
Date Filed: 2-15-01
OTN: L 082544-0
AKA:
R STINE
R E STINE
RON STINE
RON E STINE
Registration Number
Annual StidCer Number
QLN Number
SID Number
Complaint Number
ComPlaint Numbers if other Participants
n ent umber
em '"
l-:nHI ?F;41
?0010?0C1?74 T,i1r.
l
R.S.A.:
WM 41.
PA0210600
0.0.8.: 02 07 1960
5.5.#: 207 46 4311.
ORINO.:
District Attorney's Office _ Approved _ Disapproved because:
(The District Attomey may require that the complaint. arrest warrant affidavi~ or both be approved by the attomey fur the Commonwealth plior to filing.
Pa.R.Cr.P. 107.) When the alflanlis not a police officer as defined in Rule 51(C} and the offense(s} charged inclUde(s} a misdemeanor or felony which
does not involve a dear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth. who
shall approve or disapprove without unreasonable deiay).
(Issue Dale)
{Signature)
1,INameolAffian', PO RICHARD J TAMANOSKY BADGE 1824
of LOWER ALLEN TWP POLICE DEPT/
residing at 1993 HUMMEL AVE. CAMP HILL PA 17011
do hereby state: (check appropriate area)
1. X I accuse the above named defendant, who lives at the address set forth above or,
_ I accuse an individual whose name is unknown to me but who is described as
_ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
with violating the penal laws of the Commonwealth of Pennsylvania at: LOWE~
RT 15. L8WER ALLEN
111\ ounty) CUMBERLAND on or about 02 11 2001 0056 HRS
Participants were: (if there were participants place their names here. repeating name of above defendant)
2. The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidenca nor the statute
aliegedly violated need be cited. nor shall a citation of the statute allegedly violated, by itself. be sufficient In a summary case, set forth a
citation of the specffic section and sub-section of the statute or ordinance aliegedly violated).
* * DRIVING ONDER THE INFLUENCE OF ALCOHOL
CTS
1.
STINE DID DRIVE, OPERATE OR WAS IN ACTUAL PHYSICAL CONTROL OF
THE MOVEMENT OF A VEHICLE WHILE ONDER THE INFLUENCE OF ALCOHOL
TO SUCH A DEGREE THAT RENDERED HIM INCAPABLE OF SAFE DRIVING.
o~~
'::;opy: Dismc: "USIICc
';6Ji.:.'1Cant
r;;eturn of SerVice
Police
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Ci __.~INAl COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
. Page 2
Defendant Name:RONALD EDWARD STINE
Docket Number:
CR-67-01
INCIDENT NO: 20010200274 LAL
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 3731 A1 OF THE ACT OF 75
OR THE ORDINANCE OF
** DR W/BL ALC LEV .10% OR GREATER
CTS 1
STINE DID UNLAWFULLY DRIVE, OPERATE OR WAS IN ACTUAL PHYSICAL
CONTROL OF THE MOVEMENT OF A VEHICLE WHILE THE AMOUNT OF
ALCOHOL BY WEIGHT IN HIS BLOOD WAS .10% OR GREATER.
ALCOHOL LEVEL: .187%
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWl"..J.ILTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 3731 A4I OF THE ACT OF 75
OR THE ORDINANCE OF
** CARELESS DRIVING
CTS 1
STINE DID DRIVE OR OPERATE A VEHICLE IN A MANNER WHICH
DEMONSTRATED A CARELESS DISREGARD FOR THE SAFETY OF PERSONS
AND/OR PROPERTY.
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 3714 OF THE ACT OF 75
OR THE ORDINANCE OF
3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be
completed and sworn to before the issuing authority.)
4. I verify that the facts set forth in this complaint are true and corract to the best of my knowledge or information
and belief. I certify the complaint has been properly completed and verified, and that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 4904) relating to unsworn falsification to authorities.
Date: February 15, 2001
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(Signature of Complainant)
AND NOW, on this date, February 15, 2~01 I certify the complaint h.as been ~. .rl~mPleted and
verified, an~~~~~~~re is probable cause for Issuance of proce' fILe Co ~/-\!i.-:~~
1~~'J!f12,L,ut!'1Qrity) ~ // \ (SEAL)
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CR.I~lINAL COMPLAINT CHARG~ - DISTRICT JUStICE COPY
'- . r . OTN: L 082544-0
DEF8NDANT: RONALD EDWARD STINE INCIDENT NO: 20010200274 LAL
75 3731
.75 3731
, 75 3714
A1
A4I
DRIVING ONDER THE INFLUENCE OF ALCOHOL
DR W/BL ALC LEV .10% OR GREATER
CARELESS DRIVING
1
1
1
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RONALD E. STINE,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Respondent
No. 01-2477 CIVIL TERM
ORDER OF COURT
AND NOW, this 1st day of August, 2001, upon
consideration of Petitioner's License Suspension Appeal in
the above-captioned case, and following an initial period
of hearing, the record shall remain open, and counsel are
requested to contact the Court's secretary to schedule a
second period of hearing.
It is noted that at the time of adjournment
on today's date, the Department of Transportation had not
yet completed its case-in-chief. It is noted further that
at the time of adjournment, Richard E. Fitzgerald, booking
agent, was being subjected to direct examination by the
Department of Transportation. Additionally, it is noted
that at the time of adjournment, Commonwealth's Exhibits 1,
2, 3, and 4 had been identified and admitted. Appellant's
Exhibit 1 (criminal complaint) had been identified but not
yet admitted.
It is further noted that Commonwealth's
Exhibit 4, which is a videotape of certain events at the
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Booking Center, was admitted with the understanding that,
to the extent that either counsel deemed the verbal
contents of the videotape relevant to the case, either a
transcript of the words on the videotape would be presented
at the next court session for admission, or counsel would
bring out through testimony of a witness the pertinent
verbal contents of the tape.
Pursuant to an agreement of counsel, the
Department of Transportation will be permitted to have
possession of Commonwealth's Exhibit 4 (videotape) for
purposes of making a transcript and a copy of the tape for
Appellant's counsel.
By the Court,
J.
John B. Mancke, Esquire
2233 N. Front Street
Harrisburg, PA 17110
For the Petitioner
~
George Kabusk, Esquire
PennDOT, Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
For the Respondent
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DONALD E. STINE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Defendant
NO. 01-2477 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of September, 2001, upon consideration of the order of
court dated September 12, 2001, sustaining the license suspension appeal in the above
matter, the hearing scheduled for October 10,2001, is cancelled.
BY THE COURT,
1.
John B. Mancke, Esq.
2233 North Front Street
Harrisburg, P A 1711 0
Attorney for Plaintiff
George H. Kabusk, Esq.
Office of Chief Counsel
Department of Transportation
Riverfront Office Center, 3rd Floor
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Defendant
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RONALD E. STINE,
PETITIONER
SEP 4 1 2001
r\/v\ .,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
NO. 01-2477
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this
11- -tl
day of
~..?t.~~6
, 2001, upon
consideration of the Department's Motion to Sustain License Suspension Appeal, this Court
grants the Department's Motion to Sustain License Suspension Appeal. Accordingly, the
License Suspension Appeal is Sustained and the suspension, which is the subject of this appeal,
shall be rescinded.
BY THE COURT
~
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J.
DISTRIBUTION:
George H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd
Floor, 1101 South Front Street, Harrisburg, P A 17104-2516
John B. Mancke, Esquire, 2233 North Front Street, Harrisburg, P A 17110
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RONALD E. STINE,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CML ACTION - LAW
COMMONWEALT,H OF PENNSYL VANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
NO. 01-2477
LICENSE SUSPENSION APPEAL
MOTION TO SUSTAIN LICENSE SUSPENSION APPEAL
AND NOW, comes the Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk,
Esquire, and respectfully represents as follows:
1. The Department mailed to Ronald E. Stine, O.L.N. 17281894, a notice dated April
3,2001 informing him that as a result of his violation of Section 1547 of the Vehicle Code,
relating to Chemical Test Refusal, on February 11, 2001, his driving privilege was being
suspended for a period of one year as mandated by Section 1547 of the Vehicle Code.
2. Mr. Stine filed an appeal on or about April 27, 2001, of the above mentioned
suspension in the Court of Common Pleas of Cumberland County.
3. The petitioner alleged, among other things, that he did not refuse to submit to the
requested chemical test, that the alleged refusal was due to operator's error, and that the
processing did not comply with the procedures set forth in 67 Pa. Code ~ 24.
4. The Department restored the petitioner's operating privilege pursuant to Section
C'M:ii#J$!!i<!iili,i,iW~i~-..,y&B""!\i!i;-"iI,,;j!S&~,.,,,'":._1&l!;'~\r"""G1<)jr"~""'lM;W~~"'"",l1'';'~~"",~~",~ ~~~,,~~~;,m.__~~:iM," Jl--iT 1lWii!...~ilkiililr .'
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1550 of the Vehicle Code.
5. The matter was scheduled for hearing on July 23, 2001
6. The matter was continued and the hearing rescheduled to August I, 2001.
7. A ~earing in the matter was held on August 1, 2001.
8. At the hearing held on August 1, 2001, the Department presented the testimony of
Officer Tamanosky, the officer who reported the refusal, the testimony of Agent Fitzgerald, the
intoxilyzer operator.
9. The Department showed a videotape of the incident as related to the petitioner and
the intoxilyzer.
10. The petitioner provided a copy of the transcript of the preliminary hearing
regarding the criminal complaint filed as a result of the alleged incident of Driving while Under
the Influence on February 2,2001 and a copy of the Intoxilyzer5000 Breath Analysis Instrument
Operator's Manual.
11. At the time of the adjournment of the hearing scheduled on August 1,2001, the
Department had not completed its case-in-chief, the record remained open and subsequently a
second period of hearing was scheduled for October 10, 2001 at 1 :30 p.m. in Courtroom number
I of the Cumberland County Courthouse, Carlisle.
12. The Department's regulations relating to breath test require the subject to provide
two consecutive actual breath tests, without a required waiting period between the two tests. 67
Pa. Code ~ 77.24.
13. The petitioner attempted the breath test on the Intoxilyzer 5000 and provided one
valid breath test sample then the instrument produced a message of "invalid sample." See
attached print out marked as attachment 1.
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14. According to the Intoxilyzer 5000 operator's manual an "invalid sample" message
indicates that the subject's breath sample contains residual mouth alcohol.
15. According to the Intoxilyzer 5000 operator's manual when the instrument
indicates an "invalid sample" the instrument completes the mode sequence, prints "invalid
sample" and pr'epares itself to begin another test. Additionally, the manual indicates that the
intoxilyzer operator should observe the subject for at least 15 minutes before beginning another
breath analysis,
16. After the intoxilyzer indicated an "invalid sample" during the first breath test, the
petitioner was not observed for 15 minutes before the second breath test was attempted.
17. The petitioner attempted another breath test and the intoxilyzer indicated an
"invalid test." See attached print out marked as attachment 2.
18. According to the Intoxilyzer 5000 operator's manual an "invalid test" message
indicates that the start test button was pushed at the wrong time, the evidence card was pulled
from the printer, or the instrument's pump inadequately purged the sample chamber and that the
instrument canceled the test.
19. According to the Intoxilyzer 5000 operator's manual when the instrument
indicates an "invalid test" the instrument cancels the test and prepares itself to begin another test
and when the instrument display indicates that the machine is ready to begin another test, the
operator should push the start test button and verify that the instrument does not produce another
invalid test message.
20. The Departmental regulations at 67 Pa. Code S 77.24 provide that the breath tests
shall be performed in accordance with accepted standard procedures for the operation specified
by the manufacturer of the equipment or comparable procedures.
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21. After the intoxilyzer indicated an "invalid test" during the second attempted
breath test, the petitioner was not afforded an additional opportunity to submit to the breath test
on the intoxilyzer.
22. Based upon the "invalid test" print out after the second attempted breath test, the
petitioner should have been afforded an additional opportunity to submit to the breath test on the
intoxilyzer.
23. The undersigned contacted the petitioner's counsel, Attorney John Mancke, and
Attorney Mancke does not object to the granting of this motion.
WHEREFORE, the Department respectfully requests that its Motion to Sustain License
Suspension Appeal be granted and that the aforesaid License Suspension Appeal be sustained.
Respectfully submitted,
k7LY&
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center
110 I South Front Street.
Harrisburg, P A 17104-2516
(717) 787-2830
Date: September 7, 2001
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FEDERAL srtNALC
INrOXILYZER - A .
PAJlbDE;L 5000
02'/1'1"/01
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NO F.:F I DETECTED
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ADDITIONAL INFORMATION ANO;OA REMARKS
CUMBERLAND COUNTY OUI DEPT.
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ADDITlONAL INFORMATION ANDIOR REMARKS
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RONALD E. STINE,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
NO. 01-2477
LICENSE SUSPENSION APPEAL
VERIFICATION
I verify that the statements made in the Motion to Sustain License Suspension Appeal are
true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.
S. Section 4904, relating to unsworn falsification to authorities.
d~~K0~(
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, P A 17104-2516
(717) 787-2830
DATE: September 7, 2001
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RONALD E. STINE,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
NO. 01-2477
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I hereby certiJy that I am this day serving a copy of the Department's Motion to Sustain
License Suspension Appeal upon the person, and in the mauner, indicated below, which satisfies
the requirements of the Pennsylvania Rules of Civil Procedure:
By first class mail:
John B. Mancke, Esquire
2233 North Front. Street
Harrisburg, Pennsylvania 17110
4-~'ifa i<4l~
George H. busk
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
DATE: September 7, 2001
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