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Home My WebLink About03-2184AARON DEATON VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 03-~.1~"-/ ~ Tu..- LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Aaron Deaton (hereinafter "Petitioner"), by and through his attomeys, Mancke, Wagner, Tully & Spreha, who respectfully represent: 1. Petitioner is an adult individual residing at 742 Glen Arden Drive, Lewisberry, York County, Pennsylvania. 2. Your Petitioner has received a notice from the Department of Transportation that his license is being suspended for a period of 1 year for a violation of Section 1547 of the Vehicle Code, a copy of which is attached hereto and made a part hereof as Exhibit "A." 3. Petitioner believes said suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner did not refuse to take the test; b. The officer did not have reasonable grounds to request a breath or blood test; c. Petitioner was not properly advised of his/her O'Connell wamings as incorporated in Commonwealth of Pennsylvania v. Scott, __ Pa. ,684 A.2d 539 (1996); d. The information given to Petitioners by the State Police did not conform to §1547 of the Vehicle Code; and e. Said suspension is other illegal, invalid, and improper pursuant to statutory and case law. WHEREFORE, Your Petitioner prays Your Honorable Court to schedule a headng to determine the validity of the license suspension outlined in Exhibit "A.' Respectfully submitted, Uancke, Wagner, Tully & Spmha William T. Tully, Esquire I.D. # 36410 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Maii Date: APRIL 09, 2005 AARON LEE DEATON 742 GLEN ARDEN DRIVE LEWISBERRY PA 17339 WID # 030926251895062.~_D01 PROCESSING DATE 04/02/2003 DRIVER LICENSE # 23195112 DATE OF BIRTH 02/08/1974 Dear MR. DEATON: This is an Official Notice o~ the suspension of your Driving Privilege as authorized by Section 15q7 of the Pennsylvania Vehicle Code. As a result of your violation of Section 15q7 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 03/03/2005: Your driving privilege is SUSPENDED YEAR(S) e~ective 05/14/2003 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 41,000 fine AND your driving privilege will be suspended/revoked for a MINIMUM 1 year period COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your posse~sloH un or before 05/iq/200~. You may surrender these items before, 05/lq/2005, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRZVER'S L~CENSE FOR IDENTiFiCATiON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of ~10.00. 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 will not receive credit toward serving any suspension untll we recelve your license(s). Complete the following steps to acknowledge this suspension. 030926251895062 1o 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 ietter 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. Piease send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permitCs), 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. 3. 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)(q) of the Pennsyivania Vehicle Code. APPEAL You have the right to appeal this action to the Court of Common Pieas (CiviI Division) within 30 days of the maiI date, APRIL 09, 2005, of this letter. IV You ~iIe an appeai in the County Coupt, the CouPt w111 give you a time-stamped certified copy of the appeal. In order for your appeai to be vaiid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsei Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICZAL NOTICE OF SUSPENSION. You must return all current Pennsyivania driver license products to PennDOT by 05/14/2003. 030926251895062 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9=00 IN STATE 1-800-932-q600 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 AARON DEATON ' VS. Petitioner IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNA. COMMONWEALTH OF PENNSYLVANIA ' DEPARTMENT OF TRANSPORTATION ' BUREAU OF DRIVER LICENSING ' LICENSE SUSPENSION APPEAL ORDER AND NOW, this l,.~day of ~l~ff~ .... 2003, upon consideration of the within Petition, c~'~*day (j ~ it is hereby ordered and decreed that a headng be held on the . of ~ ,2003, at ~,,_~ o'clock in Courtroom ,~ , Cumberland County Courthouse. Notice of said heating shall be mailed to the Department of Transportation by Petitioner's attomey at least sixty days prior to the date of the headng. Jo 2003 Distribution: t~h, onotary's Office Office of Chief Counsel PennDOT 1101 S. Front Street, Harrisburg, PA 17104-2516 T. Tully, Esquire 2233 N. Front Street Harrisburg, PA 17110 AARON DEATON, ' Petitioner : : v. : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2184 CIVIL TERM gRDER OF COURT. AND NOW, this 28th day of 3uly, 2003, this matter having been called this date, and petitioner having withdrawn his appeal, the appeal IS WITHDRAWN AND DISMISSED. By the coup~-~ Edgar B. Ba 1 F~orge H. Kabusk, Esquire . or the Department of Transportation ~illiam T. Tully, Esquire ~ ~O~ For Petitioner prs