The URL can be used to link to this page

Home My WebLink About01-04512JON DAVID DEZAGOTTIS, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appeal of Operators License Suspension - Chemical Test Refusal .{- ORDER OE COURT AND NOW this 3 S1 day of ~ 2001, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the ..~~ day of o/~Z:L~.t3~~ir~.-> 2001 at ~a.m.~ in Courtroom No. ~_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal~7~ 2 Sc,{~C~Scd~~S ~S wJ~~a[C~ ~~ 1~`~ , ~~ V\ q- ~ ~~ r J. Distribution: s -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 uED2u~to.Q ~dy G' ?f3ilb< ~-cc. BY THE COURT: ~1N~/~t~tSNN~d un~na~ "~~~~awn~ sc:~ ~~~ ;-~~~ ~a 1.a1~.~.~;,". .~; ~~~ L~~~. ~~ _ 1$!1 gpIgMMM1Ti9k{RNeR~i.ti"xF?i~T ~Ss+A3. 41"M1&TidiL i3Vj~Sd rnn rY /i~i'.wnxt-xi iMe~I I S HGbAiTR1~• JON DAVID DEZAGOTTIS, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.D~-ys~~ C;~i~ Appeal of Operators License Suspension - Chemical Test Refusal APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Jon David Dezagottis, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., and respectfully avers the following: 1. Appellant resides at 909 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Appellant received a notice dated July 10, 2001 that, as a result of his alleged violation of Pennsylvania Vehicle Code Section 1547, Chemical Test Refusal, his driving privilege was being suspended for a period of one year, effective suspension date August 14, 2001, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 3. The Appellant submits that the police officer lacked a reasonable basis to request Appellant to submit to a chemical test. 4. The Appellant submits that he did not intelligently and voluntarily refuse to submit to a chemical test. 5. The Appellant submits his actions did not constitute a refusal. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, ~~ ~ ~~. Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 i ID# 46430 Tel. (717) 763-1800 Date:%/~ !o f JON DAVID DEZAGOTTIS, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License . Suspension - Chemical Test Refusal TTORNEY VERIFICATION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, David Lee Shaffer, hereby verifies and states that: 1. I am the attorney for Appellant, Jon D. Dezagottis; 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, ~~ ~ ~.~~. Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date:~y 2t'n ~( ID# 46430 Tel. (717) 763-1800 JOHN DAVID DEZAGOTTI5, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. Appeal of Operators License Suspension - Chemical Test Refusal CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hi11, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, ~~ ~ G~/~~ Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ~{ f ID# 46430 Tel. (717) 763-1800 Date: / a ~ ~l 1-` cxwieir a j . C~Op~. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver 'cen~sing_ Mail Date• LY 19, 2001 JON DAVID DEZAGOTTIS WID # 011846102107529 001 909 ROBERT STREET PROCESSING DATE 07/03/2001 DRIVER LICENSE # 20910655 MECHANICSBURG PA 17D553452 DATE OF BIRTH 07/24/1965 Dear MR. DEZAGOTTIS: This is an Official Notice of the Suspension of your Driving -- Privilege as authorized by Section 1547 of the Pennsylvania - Vehicle Code. As a result of Your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/09/2001: ^ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/14/2001 at 12:01 a.m. - I WARNING: If you are convicted of driving while your I I license is suspended/revoked the Penalties will be a I I MINIMUM of 90 days imprisonment AND a 1,000 fine AND I I your driving privilege will be suspended/revoked far 4 I a MINIMUM 1 year period I COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary drlVer'S 11Cen5e5 (Camera cards) in your possession on or before Og/14/2001. Yau may surrender these items before, 08/14/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at anv Driver License Center for a cost of 9.00. You must present two C2) 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 until we receive your license(s). Complete the following steps to acknowledge this suspension. 011846102107529 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. It 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.D. Box 68693 Harrisburg, PA 17106-8693 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. 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)C4) 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 f~ollpwing 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. 3. Follow the payment and mailing instructions on the back of the application. 011846102107529 APPEAL You have the right to appeal this action to the Court of Common Pleas CCivil Division) within 30 days of the mail date. JULY 10, 2001, of this letter. If you 'Pile an appeal in the County Court, the Court will give you a time-stamped certified 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 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 08/14/2001. Sincerely, G~..1~.~• i~~, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dot.state.pa.us JON DEZAGOTTIS : IN THE COURT OF COMMON PLEAS OF 909 ROBERT STREET :CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG, PA 17055 v. DOCKET N0.2001-4512 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ORDER AND NOW, this ~'!~ day of 2001, the Petitioner's Motion for Continuance is in above-capfioned matter is hereby n _ ~ ~g m. wn+~ this case is set for • ~`j~ a(,~U/ Q,f' /D~Yg. _T-t- ~ S R. o ~. o ~a1j sc. ~r ~ o~ E-i ~.s l r7 ~ t (; ~ ~- ~- ~.{~' ` 5~-~~ ~~~~~BY THE COUR D~~CG~ a~c r~Sve~SlGdGa71~t~~2oc~^ Distribution: Brian W. Perry George Kabusk, Assistant Counsel, Pennsylvania Department of Cumberland County Clerk of Courts Cumberland County Court Administrator ~~~ ,~~ A hearing in il t\Lcs~el>d~~ S ~LI ~c~~S n~~ JON DEZAGOTTIS 909 ROBERT STREET MECHANICSBURG, PA 17055 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.2001-4512 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION TO THE HONORABLE J. WESLEY OLER, JR.: PETITIONER'S MOTION FOR CONTINUANCE AND NOW, comes the Defendant, John Dezagottis, by and through his attorneys, Nealon & Gover, P.C., who respectfully requests a continuance in the above-captioned matter and in support thereof avers the following: 1. The instant Hearing is scheduled before This Honorable Court on October 5, 2001, at 2:30 p.m. 2. The Petitioner originally retained Attorney Patrick F. Lauer, Jr. in this matter. 3. Counsel was recently retained by Mr. Dezagottis to represent him in the pending Refusal Hearing. 4. Counsel needs time to prepare for this Hearing, including reviewing the Cumberland County Booking Center video to determine whether a valid issue exists in this case. 5. The Petitioner is therefore requesting a continuance based upon the foregoing. 6. Counsel has simultaneously entered his appearance as attorney of record in this matter. 7. George Kabusk, Assistant Counsel for the Pennsylvania Department of Transportation, does not object to the instant Petitioner's Motion For Continuance. WHEREFORE, based upon the foregoing, the Petitioner respectfully requests that this Honorable Court grant the Petitioner's Motion For Continuance in this case. Respectfully submitted, NEALON & GOVER fit/ ~4/ Ey: Brian W. Perry, Esquire Attorney LD. #75647 2411 North Front Street Harrisburg, PA 17110 (717)232-9900 Date: 10/1/O1 CERTIFICATE OF SERVICE AND NOW, this 1st day of October, 2001, I hereby certify that I have served the foregoing Petitioner's Motion for Continuance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: George Kabusk, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3`d Floor Harrisburg, PA 17104 Y Bri W. Perry, Esquire c: ~~~ - -~ ,. IT„-::. ...q - -_. ', --i f:"', iS? 1-~_' l'' -,~,. ...... .~i . C:. iJ -, uaw4n~mweva m; a;u+,-sx§xgrw~wY?~9~! JON DEZAGOTTIS 909 ROBERT STREET MECHANICSBURG, PA 17055 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.2001-4512 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Petitioner, Jon Dezagottis, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: C/ _ Brian W. Perry, Esquire I.D. #: 75647 2411 North Front Street Harrisburg, PA 17110 (717)232-9900 ~~ CERTIFICATE OF SERVICE AND NOW, this 1st day of October, 2001, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: George Kabusk, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3'a Floor Harrisburg, PA 17104 Bri n W. Perry, Esquire .~ c: Via, ;, c. :-~ ,,,<. _ - ,_ .. _ ~; !. r J l.~ ~ Z4~ ~l JON DEZAGOTTIS, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-4512 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of December, 2001, after hearing and consideration of the testimony presented, the appeal of the petitioner is dismissed and the suspension is reinstated. By the Court, Brian W. Perry, Esquire For the Petitioner George H. Kabusk, Esquire For the Defendant pcb n 6~ (/~' ~ g 12.-9-0! ~- N _+- O Ch CJ O n' : ~ ..., _ -~~ r ._ ~ ~;'_, ~ c, r c _i -~^i ..- -~ w ',.9- .~u E dlh~~n i,~,f~ i'~'c': ~,.ii~.'(1Ci" a~r7ry ~_~._:, .+% COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ - CRIMINAL COMPLAINT AND srmmfoNS PROBABLE CAUSE AFFIDAVIT Mag. Disc No.: 0 910 2 COMMONWEALTH OF o~ Name; Mnn. ROBERT V MANLOVE PENNSYLVANIA Address: 1901 STATE ST VS. CAMP HILL PA 17011 DEFENDANT: Telephone: 717 761 0583 NAME and ADDRESS JON DAVID DEZAGOTTIS 909 ROBERT STREET AKA: MECHANICSBURG PA 17055 0000 00 Docket No.: ~- ~~2 54_pl Date Filed: (o~3lpt _ -''.~ OTN: L 092562-1 Registration Number Annual Sticker Number OLN Number SIO Number PA20910655 i 29905142 wiiiMiaiii~~.u~~~w~ v.....y~un.. i.~~~...o.o .. v... c.. v...v.,v..... ...-.--.....-... ....-..._~. 1 I ~ 20010600107 CAM 12110- R.S.A.: ~ 35 D.O.B.: 07 24 1965 S.S.#: 194 44 7666 ORI NO.: PA0210100 District Attorney's Office _ Approved -Disapproved because: (The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the affiant is 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 clear 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 delay). Ossue Date) (Signature) I, (NameoSAHient) PO LANE P PRYOR BADGE 1712 of CAMP HILL POLICE DEPT. residing at 2199 WALNUT ST. CAMP HILL PA 17011 d0 hereby State: (check appropriate area) 1. ~ 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 of ZAGat 1, s EXHIBIT ~' t~ ~~ o/ PCB _ 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: CAMP HILL BOROUGH MARKET ST S 32ND ST CAMP HILL (Place-POldical SUbtlivision) in (county) CUMBERLAND on or about 06 09 2001 0132 HRS PaftlClpantS 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 evid9nce nor the statute allegedly 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 specific section and sub-section of the statute or ordinance allegedly violated). ** DRIVING UNDER THE INFLUENCE OF ALCOHOL CTS 1 DID DRIVE, OPERATE OR WAS IN ACTUAL PHYSICAL CONTROL OF THE j MOVEMENT OF ANY VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLjTO A DEGREE WHICH RENDERED THE PERSON INCAPABLE OF SAFE DRIVING) VEHICLE: AQUA 1992 HONDA ACCORD Copy: District Justice Defendant Retum of Service Police . _..~ . a ._r- ., - ~..:.., .~~~. .. ..._._, ,-:-..... ..r _.-_...-.,.., :.-_-.. ,. 4/97wp _.,... i.~ r~--..,-- uin,. _i.~~_. Y ' r ' CRIMINAL CV1V,PLAI1YT AID Page 2 • ~ . PROBABLE CAUSE AFFIDAVIT Defendant Name: JON DAVID DEZAGOTTIS Docket Number: INCIDENT NO: 20010600107 CAM OR THE ORDINANCE OF ALCOHOL LEVEL: REFUSAL 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 Al OF THE ACT OF 75 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 correct to the best of my knowl~dgergt,,jnformation and belief. I certify the complaint has been properly completed and verified, and that tjat' i~# `i~,cause for the issuance of process. This verification is made subject to the penalties of Sec f~~~a+~ri~n3es Code (18 PA. C.S, 4904) relating to unsworn falsification to authorities. ~'~ i '~ Fy. ~;~ =; ,fir' ,: ~ ~ a .~ "~ Date: ,- ;(~;~ ~'`{.1.~`~"`~ ~ s ~, . y i (Signet ~, of Complalna~3) ~ U~` r ~ ,,, AND NOW, on this date, I certify hefcompla? ~ s been propew ~rrlj~leted ~a'~~ verified, and that there is probable cause for issuance of s ~' : ' `'~, Cpl ;(, ~ ~~, ~~° r ~, ~,. , ' ''' '' r.,, ~~ a.~ .r,~,~~r,,. (Magisterial Districq • (Issuing Authority) (SEAL) ., ~ { CAMP HILLlPOLICE DEPT. PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20010600107 CAM DATE: 06/09/2001 OTN: L 092562-1 PG 1 CHARGE(S): #CTS 75 3731 Al DRIVING UNDER THE INFLUENCE OF ALCOHOL 1 COMMONWEALTH VS JON DAVID DEZAGOTTIS INFORMATION: ON SATURDAY, JUNE 9, 2001, AT APPROXIMATELY 0132 HOURS, THIS OFFICER WAS ON PATROL IN A MARKED PATROL VEHICLE SITTING IN THE PCS-1 PARKING LOT LOCATED AT NORTH 32ND AND MARKET STREETS. THIS OFFICER WAS OBSERVING THE INTERSECTION OF 32ND AND MARKET STREETS AT WHICH TIME AN AQUA COLORED 1992 HONDA ACCORD WAS OBSERVED TRAVELING EASTBOUND ON MARKET STREET. THAT VEHICLE APPROACHED 32ND STREET AND SUBSEQUENTLY MADE A RIGHT TURN ONTO SOUTH 32ND STREET AT A HIGH RATE OF SPEED. THIS OFFICER NOTICED THAT THE VEHICLE WAS FACING A STEADY RED TRAFFIC SIGNAL AT THE TIME OF THE TURN. NOT ONLY DID THE DRIVER FAIL TO STOP AT THE RED LIGHT, THERE IS A SIGN POSTED NO TURN ON RED WHICH PROHIBITS THE TURN AT THAT INTERSECTION. THIS OFFICER PULLED BEHIND THAT VEHICLE AND DID ACTIVATE THE EMERGENCY LIGHTS AND SIREN. THE VEHICLE CONTINUED TO TRAVEL SOUTHBOUND ON SOUTH 32ND STREET IN THE LEFT HAND LANE. AS THE VEHICLE APPROACHED ROUTE 581 THE DRIVER STOPPED HIS VEHICLE IN THE MIDDLE OF THE LEFT HAND FORWARD LANE. THIS OFFICER PULLED THE PATROL CAR BEHIND THE VEHICLE, EXITED THE VEHICLE AND APPROACHED ON THE DRIVER'S SIDE. THIS OFFICER HAD TO ASK THE DRIVER TO PULL TO THE RIGHT OF THE SHOULDER AS REQUIRED BY THE PENNSYLVANIA MOTOR VEHICLE CODE. THE DRIVER GLARED AT THIS OFFICER IN A CONFUSED DAZE AS THIS OFFICER EXPLAINED TO HIM SEVERAL TIMES THAT HE NEEDED TO PULL HIS VEHICLE OFF OF THE ROADWAY ONTO THE SHOULDER. THE DRIVER THEN EVENTUALLY COMPLIED. THIS OFFICER THEN APPROACHED THE VEHICLE ONCE AGAIN ON THE DRIVER'S SIDE AND REQUESTED TO SEE THE DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. AS THE DRIVER WAS RETRIEVING THOSE DOCUMENTS THIS OFFICER NOTICED THAT THE DRIVER'S MOVEMENTS WERE SLOW AND DELIBERATE. THIS OFFICER ALSO OBSERVED THAT THE DRIVER HAD GLASSY, BLOODSHOT EYES AND AN ODOR OF AN ALCOHOLIC BEVERAGE WAS DETECTED EMANATING FROM THE VEHICLE. THIS OFFICER ALSO HAD TO EXPLAIN SEVERAL TIMES TO THE DRIVER WHAT DOCUMENTS I WA5 REQUESTING. THIS OFFICER DID EVENTUALLY RETRIEVE THOSE DOCUMENTS AND THE DRIVER WAS IDENTIFIED AS JON DAVID DEZAGOTTIS. IN TALKING WITH DEZAGOTTIS HE HAD INDICATED HE WAS COMING FROM THE KOKOMO'S BAR IN HAMPDEN TOWNSHIP WHERE HE HAD CONSUMED THREE DRINKS OF LIQUOR. THIS OFFICER REQUESTED DEZAGOTTIS TO STEP FROM HIS VEHICLE AND TO WALK BACK TO THE REAR OF HIS CAR AND IN FRONT OF THE PATROL VEHICLE. AT THAT TIME HE DID COMPLY. A5 DEZAGOTTIS GOT OUT OF HIS CAR THIS OFFICER NOTICED THAT HE HAD A DIFFICULT TIME MAINTAINING HIS BALANCE AS HE UTILIZED HIS LEFT HAND TO SUPPORT HIMSELF AGAINST HIS CAR A5 HE WALKED. THIS OFFICER DID RUN DEZAGOTTIS THROUGH THE STANDARDIZED FIELD SOBRIETY TESTS AT WHICH TIME HE PERFORMED THE FOLLOWING: f ~ ~ CAMP HILL•POLICE DEPT. PROBABLE CAUSE. AFFIDAVIT INCIDENT NUMBER: 20010600107 CAM DATE: 06/09/2001 OTN: L 092562-1 PG 2 COMMONWEALTH VS JON DAVID DEZAGOTTIS HORIZONTAL GAZE NYSTAGMUS-DEZAGOTTIS WAS WEARING GLASSES AND DID REMOVE THOSE GLASSES DURING THIS EXERCISE. THIS OFFICER NOTICED THAT HIS EYES DID NOT PURSUE SMOOTHLY TO THE LEFT OR TO THE RIGHT; THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION, LEFT AND RIGHT; AND NYSTAGMUS ONSET BEFORE 45 DEGREES LEFT AND RIGHT. DEZAGOTTIS SWAYED AS HE STOOD WALK AND TURN-DEZAGOTTIS COULD NOT KEEP HIS BALANCE THROUGH THE INSTRUCTION STAGE AND REFUSED TO STAND IN THE HEEL TO TOE FASHION. DEZAGOTTIS THEN TOLD THIS OFFICER THAT HE WAS FLATFOOTED. HE WAS UNABLE TO MAINTAIN HIS BALANCE. DEZAGOTTI5 WAS EXPLAINED THE INSTRUCTIONS SEVERAL TIMES BEFORE HE PERFORMED THE EXERCISE. DURING THE WALK AND TURN DEZAGOTTIS MISSED HEEL TO TOE BETWEEN STEPS 3, 4, 5, 9 AND 10 ON THE FIRST SET AND STEPS 2, 3, 4, 5, 6 AND 12 ON THE SECOND SET. ALTHOUGH DEZAGOTTIS WAS INSTRUCTED TO ONLY WALK NINE STEPS DEZAGOTTIS WALKED 11 STEPS ON THE FIRST SET AND 13 STEPS ON THE SECOND SET. HE ALSO RAISED HI5 ARMS SEVERAL TIMES AND PERFORMED AN IMPROPER TURN. THIS OFFICER THEN EXPLAINED AND DEMONSTRATED THE ONE LEG STAND EXERCISE. DURING THE SET OF INSTRUCTIONS DEZAGOTTIS BEGAN SMILING AND LAUGHING THEN INDICATED_HE WANTED THIS OFFICER TO REPEAT THE INSTRUCTIONS AGAIN. THIS OFFICER DID REPEAT THE INSTRUCTIONS A SECOND TIME AT WHICH TIME DEZAGOTTIS INDICATED THAT HE WAS COLD AND REQUESTED TO GET HIS JACKET FROM HIS VEHICLE. THIS OFFICER ATTEMPTED TO ACCOMMODATE DEZAGOTTIS AND ALLOWED HIM TO GO TO HIS VEHICLE AND RETRIEVE HIS JACKET, HOWEVER DEZAGOTTIS TOOK A FEW STEPS TOWARDS HIS CAR, THEN TURNED TO THIS OFFICER AND INDICATED HE DID NOT HAVE HIS JACKET WITH HIM. WHILE SMILING AND CHUCKLING DEZAGOTTIS THEN ASKED THIS OFFICER TO REPEAT THE INSTRUCTIONS A THIRD TIME, AT WHICH TIME THIS OFFICER DID REPEAT AND DEMONSTRATE THE ONE LEG STAND. DEZAGOTTIS CONTINUED TO SMILE AND CHUCKLE AT WHICH TIME HE REQUESTED THIS OFFICER TO EXPLAIN THE INSTRUCTIONS AND DEMONSTRATE A FOURTH TIME. UPON COMPLETING THE INSTRUCTIONS AND DEMONSTATION THE FOURTH TIME DEZAGOTTIS TOLD THIS OFFICER THAT HE WAS UNABLE TO PERFORM THAT EXERCISE. DEZAGOTTZS THEN INDICATED THAT HE LIKES TO PARTY AND HAVE A FEW DRINKS FROM TIME AND TIME AND THAT HE IS NOT THREAT TO SOCIETY. BASED ON THIS OFFICER'S OBSERVATIONS AND THE STANDARDIZED FIELD SOBRIETY TESTS THIS OFFICER DID PLACE DEZAGOTTIS UNDER ARREST FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, AS IT WAS THIS OFFICER'S OPINION THAT DEZAGOTTIS WAS INTOXICATED TO A DEGREE WHICH RENDERED HIM INCAPABLE OF SAFE DRIVING. ALSO WHILE OUTSIDE OF THE VEHICLE THIS OFFICER COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM DEZAGOTTI5' BREATH. \ , J A~ i CAMP HILL POLICE DEPT. PROBABLE CPU5E AFFIDAVIT INCIDENT NUMBER: 20010600107 CAM DATE: 06/09/2001 OTN: L 092562-1 PG 3 COMMONWEALTH VS JON DAVID DEZAGOTTIS DEZAGOTTIS WAS SECURED IN THE BACK OF PATROL CAR 4 AND TAKEN TO THE WEST SHORE CENTRAL PROCESSING CENTER. WHILE TRANSPORTING DEZAGOTTIS TO THE CENTRAL PROCESSING CENTER HE CONTINUED TO REPEAT THAT HE WAS NO THREAT TO SOCIETY AND THAT HE IS UNABLE TO HANDLE OTHER PEOPLE TELLING HIM WHAT TO DO. UPON ARRIVAL AT THE BOOKING CENTER THIS OFFICER MET WITH BOOKING AGENT MATTHEW STONER. WHILE IN THE BOOKING CENTER THIS OFFICER REQUESTED A BREATH SAMPLE FROM DEZAGOTTIS TO DETERMINE HIS LEGAL BAC. D Z INDICA'lE1J HE WAS GOING TO REFUSE TO TAKE THAT TEST. THIS OFFICER THEN READ DL26 FORM, NUMBERS 1-4, A,B AND C. UPON READING THAT FORM DEZAGOTTIS INDICATED HE WILL REFUSE mn max F. THAT TEST AND THAT HE WILL NOT LOSE 'S LICENSE DUE TO HIS FUTURE CO PR INGS. DEZAGOTTIS THEN AN TO CHUCKLE AND SMILE AND RFQ~D THIS OFFICER TO READ TH RM TO HIM A SECOND TIME. THIS OFFICER DID ACCOMMODATE HIM AND DID READ THROUGH THE DL26 FORM A SECOND TIME. UPON COMPLETION OF READING THAT DEZAGOTTIS INDICATED THAT HE WANTED TO SPEAK TO HI5 ATTORNEY AND THAT HE WAS GOING TO REFUSE TO TAKE THE BREATH TEST. DEZAGOTTIS REFUSED TO SIGN THE DL26 FORM. SUBSEQUENTLY DEZAGOTTIS WAS PROCESSED AND RELEASED. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT. ~~r Nvvf,ay er~p I SWEAR T9' FI , THE Wy4"t"i~~~pIT UPON MY KNOWLEDGE, INFORMATION AND BELIE°Fy, N ON ~~`` ""~~~;'~:" t ~, , 20 , BEFORE '; ;~ , ,~~_,.• -„>.• WHb _ ~'ed~'~TCE IS THAT OF S OF DISTRICT ^; ; ~ ., ~[~~'IC'E~ ~ ~ ~~ °~/ IG A RE~ OF AFFIANT ~~; ~ ~~, ,, ~r ~(S''~'l,\~ RINT 11Pf :: 111 i{\-111 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE DL.zs Ir~~i CHEMICAL TESTING WARNINGS AND REPORT OF REFUSAL TO SU6MIT TO CHEMICAL TESTING AS [j ~ ~ ~~ r~ ~ ~~ ~ 0-~~~,~ AUTHORISED BY ~ OF THE VEHICLE CODE NAME 8EX DATE OF BIgTH FIRST 70/J MID E f~~viD LAST DEZA `r7"~S ~ MONi o~ DAY zy YEAR S ADbREBS CITY STATE ZIP CODE qOR (ZOC3E2~' ST, ~'IEcI-(/4~SC5~3u2G- ~ff I~OS U E R DRIVE R N MB STATE CHEM TEST REQUEST DATE SOCIAN SEC URITY N UkIBER // ~~ JJ ~~ (mil /. r~, ~~l //,, ~ 1 ~V V/~~ ~ l~/ Vl0 Y O i 9 y y ~ ~ .- 1. Please be advised Urat you sea now under arrest for driving under the influence of alcohol or a eontroged substance pursuant to section 9731 of the Vehicle Code. 2. t am requesting that you submit to a chemical teat o1 - S'~/'trn (breath, blood or urine. Olflcer chooses the chemical lest.) 9. It Is my duty, as a police ollicer, to Inform you that g you refuse to cuhmit to the chemlca9 test your oparating privilege will be suspended for a period of one year. 4, a) The constitutional rights you have as a criminal defendant, commonly known as the Miranda Rights, including the right to speakwith a lawyer end the right to remain silent, apply only to criminal prosecutions and tlo not apply to Ute chemical testing procedure under Pennaylvanta's Implied Consent Law, which is a civil, no[ a criminal proceeding. b) You have na right to speak to a lawyer, or anyone else, before taking the chemical test requested by the police olflcer nor do you have a rlyht to remain silent when asked by [he pollee off{cer to submit to the chemical feel Unlace you agree to submit to the test requested by the police officer your conduct will ba deemed to 6e retucel and your operating privilege will be suspended for one year. c) Your refusal to submit to cftemiwl tecttng under the Implied Concept law may be inboduced into evidence in a ufminal procecuUon for driving whFle under Ure influence of alwhol or a conaolled substance. I certify that I have read the above warning to the~m~o/jt~'~ts~t~refg/~ f~n~g'l~a suspension o/ their operating privilege and ga thge mf toriat en opportu- oily to submit to chemical lesUnq. / X A'/v/ 1 ~'/~ Date: ~~ / / Signature of Otlicer: / .~ I have been advised of the above. ~ ' Signature of Motorist: Data: Motorist refusod !o sign, B Ter being advised. n~fl~4 ~ ~p O ~ /Z~ Si nature of OlUcer: ~,lt?i~ ~ +°~ - Date: ,- ~ '-" ~'^ ~' • ~^ - .. - AFFIDAVIT t. Tha above motorist wet placed under arcest for ddving finder the Inguence of alcohol or a controfled substance in violation of Section 3791 of the Vehicle Code, and there were reasonable grounds to befleve Ihat the above motorist had been driving, operating or in actual physical eonVOl of the movement of a motor vehicle while under the Influence of alcohol or a conaoiled substance or both. or That the above named motorist was involved in an aaident in which the operator ar pascenger oI any vehicle involved or a pedestrian required ueatmant at a medics! laciliry or was killed. 2. The above motorist was requested to submit to chemical testing as authorized by Saegon 1547 of the Vehicle Code. 3. The above motadst was informed 6y a police otlicer of the chemical teat wamtnga contained in parapreph 9 and 4 above. 4. The above named motorist retaaed to submit to chemical testing. • Tha refusal to sign thla form I. not ^ refusal to submit to the chemical test. You must stilt glue the motortat an opportu- ni ty to to a [he chemlui test attar revlewlnp this form. If the Individual was oparating • commercial motor vehicle while having any alcohol or a controilad substance fn their system, you moat also rnmpleta the reverse a of th fot{n. aUaaCRIRED AND SWORN / /~ /1 Officer Signature:' G~IU f ~ _ TO BEFORE ME: / / MO. DAY U ~ YEAR ~~- Otlfcer Name: ~d~E /'• P>z ~/O~L - yp~ or fri'nq Badge Number: ~~~Z Jurisdiction: C~~ Nsr-L- POtSC~ Phone: 7( t71 7,J7"~.~7d 6epartment of Transports( Bureau of Driver Licensing P.O. Gox 2253 Harrisburg, PA 17105 ~a irai PC13 Mailing Address WAL,u~tT Si . -- Note: Any pertinent facts not covered by the allidavit should be submitted on a separate sheet and attached hereto. That sheet should Include the names of additional witnesses nececcary to prove the elements to which you have attested. THIS FORM NfAY BE DUPLICATED ADDRIONAL SUPPLIES CF THIS FORM MAY DE SECURED BY COMPLETING FORM OS-511A