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Home My WebLink About01-04530oL•xstT•wl CHEMICAL TESTING WARNINGS AND REPORT OF -0~ ~ 7S ~`.~. ~ +~ff t.~~~'.~,',,,./' REFUSAL TO SUBMIT TO CHEMICAL TESTING AS ~„ AUTHORIZED SY ®OF THE VEHICLE CODE NAME SEX DATE OF BIRTH FIRST MIDDLE EQ LAST GN2tsroPl+~. M MONTH q DAY a~ YEAR ro9 Ar~e.S IST ADDRESS CITY STATE ZIP CODE a4, W. s-I~~ CAfLI.tSt.E ~~ l7of3 DRIVER N MBE STATE CHEM TEST REQUEST DATE SOCIAL SECURITY NUMBER d aoy ~z i PA MONTH oc~ OAY oa YEAR or a o y s ~+ ~ , a 4 /: i i 1. lease be advised that you are now under arrest for driving under the influence of alcohol or a controlled substance pursuant to section 3731 of the Vehicle Code. 2. I am requesting that you submit to a chemical test of 13) /YY~ (breath, blood or urine. Officer chooses the chemical test.) is my duty, as a police officer, to inform you that if you refuse to submit to the chemical test your operating pdvilege will be suspended for a eriod of one year. constitutional rights you have as a criminal defendant, commonly known as the Miranda Rights, including the right to speak with a lawyer and the 'ght to remain silent, apply only to criminal procaculions and do not apply to the chemical tasting procedure under Pennsylvania's Implied Con ant Law, which is a civil, not a criminal proceeding. b) You eve no right to speak to a lawyer, or anyone else, before taking the chemical test requested by the police officer nor do you have a right to rem in silent when asked by the police officer to submit to the chemical test. Unless you agree to submit to the test requested by the police officer yo conduct will be tleemed to be refusal and.your operating privilege will be suspended for one year. c) Y r refusal to submit to chemical tasting under the Implied Consent Law may he introduced into evidence in a criminal prosecution for driving Ile under the influence of alcohol or a controlled substance.- I certify that I have read the above warning to the motorist regarding the suspension oft paroling privilege and gave he motorist an opportu- nity to submit to chemical testing. Signature of Officer: f2- Date: O6,Oa~0l ~, I have been advised of the above. ~ C O-t Signature of Motori~ ~J ~~~~~"~Ate: f~ Motorist refused to sign, after being advised. ~ Gti'" li Signature of Officer: AFFIDAVIT t. The above motorist was placed under arrest for drivingeSnder tlye Influence of al~o~o~a controlled substance in violation of Section 3737 of the Vehicle Code, and there were reasonable grounds to believe thal'the~ -alwve~rist had been driving, operating or in actual physical control of the movement of a motor vehicle while under the influence of alcohol or a controlled substance or both. or That the above named motorist was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian Tequired treatment at a medical facility or was killed. 2. The atiove mbtodst was requested to submit to chemical testing as authorized by Section 7547 of the Vehicle Code. 3, The above motorist was informed by a police officer of the chemical test warnings contained in paragraph 3 and~4 above. 4. The above named motorist refused to subnilt to chemical testing. 9FFICER NOTE: The refusal to sign this form is not a refusal to submit to the chemical test. You must still give the motorist an opportu- nity to take the chemical test after reviewing this form. if the individual was operating a commercial motor vehicle while having any alcohol or a'eontrolled substance in their system, you must also complete the reverse side of/ t/his fo/r~m~~~ SVBSCRIBED ANO SWORN Officer Signature: ~2• Fem.-//~ _rlod~iL..- TO eEFO E: MO. DAV YEAR ' ~ ' at re 4~gtspn Atl r ~- e !,.~ r i .F ~ ~` ~ ~ s r ~ ~~~ ~ v 2 T.~ 5 . s a~~ ~ E :~ ?'ai. I 7" y ~ ~ ~ ~ , , z . .t a ~ „°~ r L a Ak k ~..+~ .~ y_ i~. ~~ h ~~~w~ y 8i ~`~ ,SE, ~. 1~,~~ e~ O((icer Name: _TP2 . K~12 D,iir.+t>~c (TYPa ar Prinp Badge Number: ~ ~O Jurisdiction: Mailing Address PA• S-rrarE fit-<<c Forward to: $U00 Q¢.irrL t~21rc, Department of Transportation ~-fAR.,¢.,tsgr~G PA • r"I I to Bureau of Driver Licensing Note: Any pertinent facts not covered by the affidavit should be submitted on a P.O. Box 60037 separate sheet and attached hereto. That sheet should include the names of Harrisburg, PA 17106-0037 i + . ~ . D~ L~KT additional witnesses necessary to prove the elements to which you have attested. THIS FORM MAY BE DUPLICATED ADDITIONAL SUPPLIES OF THIS FORM MAY BE SECURED BV COMPLETING FORM OS•511A COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE VI. JAMESON E. CHRISTOPHER APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER Sf AND NOW, this~~ day of July, 2001, upon cons~ijderation of the Appellant's Notice of Appeal, a hearing is set fox theo~ ~ day of,, 2001, at / ~ U PM Courtroom # ~, Cumberland County Courthouse. .~~~~ r . ~~,` Via, John A. Abom, Esquire ~~ 8 South Hanover Street Suite 204 ~ Caxlisle,PA 17013 ~~"~,6 Pennsylvania Department of Transportation V Office of Chief Counsel Third Floor, Rivexfxont Office Centex Harrisburg, PA 17104-2516 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE V. JAMESON E. CHRISTOPHER APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL NOTICE OF APPEAL OF LICENSE SUSPENSION Appellant, Jameson E. Christopher, is an adult individual who currently resides at 247 H Street, Carlisle, Cumberland County, Pennsylvania. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agenry with offices in Harrisburg, Dauphin County, Pennsylvania. 3. Your appellant was arrested on June 2, 2001, by a Pennsylvania State Police trooper for suspicion that he was operating his motor vehicle while under the influence of alcohol. 4. After the appellant's arrest, appellant was brought to Holy Spirit Hospital fox medical treatment and so that the Pennsylvania State Police trooper could obtain a sample of is blood for testing purposes. 5. 6. On that same night, the Pennsylvania State Police trooper, after requesting that the appellant give a sample of his blood fox testing purposes, deemed that the appellant refused to provide a sample of his blood. Appellant denies that he refused to provide a sample of his blood for testing purposes. By letter dated July 4, 2001, the Commonwealth of Pennsylvania, Department of Transportation provided the appellant with an official notice of suspension of his driving privileges to be effective on August 8, 2001, allegedly as a result of a violation of 75 Pa.C.S. X1547. A true and correct copy of said notice is attached as Exhibit A. WHEREFORE, your appellant respectfully requests this Honorable Court to set a hearing and deny the Commonwealth's request that his driver's license be suspended. Respectfully submitted, Date: ~~ ~ ~ J Abom rney for the Appellant ttorney I.D.# 77961 8 South Hanover St. Suite 204 Carlisle, PA 17013 (717) 249-0900 VERIFICATION I, Jameson E. Christopher, verify the statements made in the foregoing Notice of Appeal ate true and correct to the best of my knowledge and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. X4904 relating to Unsworn Falsification to Authorities. . 6 / cxa Date ,~,~ CERTIFICATE OF SERVICE I, John A. Abom, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: ~~(~ ~~f? ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau ofi Driver Licensing Mail Date: JULY 04, 2001 JAMESON E CHRISTOPHER WID t 011786114273312 D01 247 H STREET PROCESSING DATE 06/27/2001 DRIVER LICENSE * 22064071 CARLISLE PA 17013 DATE OF BIRTH 09/26/1969 Dear MR. CHRISTOPHER: This is an Ofifiicial Notice ofi 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 06/02/2001: ^ Your driving privilege is SUSPENDED fior a period ofi 1 YEAR(S) efifiective 08/08/2001 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 for I a MINIMUM 1 year period I COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 08/08/2001. You may surrender these items before, 08/08/2001, 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 any Driver License Center for a cost of 9.00. You must present two (2) farms 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 fallowing steps to acknowledge this suspension. ~~~( 011786114273312 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you da 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 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 da not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police far prosecution under SECTION 1571(a)(4) 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 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 proper credit. 3. Follow the payment and mailing instructions on the back of the application. 011786114273312 APPEAL Yau have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 04, 2001, of this letter. If you file an appeal in the County Court, the Court-will give you a tame-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, Riverfrant 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 OS/D8/2001. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-46D0 TOD IN STATE 1-800-228-D676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dot.state.pa.us COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSEING, _ APPELLEE V. JAMESON E. CHRISTOPHER APPFT.T.ANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4530- CIVIL, ORDER OF COURT AND NOW this/ day of September, 2001 upon consideration of the Appellant's Motion For a Continuance and upon learning that the Appellee by and through its attomeys,.do not oppose said Continuance, the Motion is granted and the previously scheduled hearing is now scheduled for the 3d ~ day of 20% at Q •/ ~.,~. in Courtroom number ~. John A. Abom, Esquire Attorney fox Appellant ~di~1~rG . ~iu~~G~ udge George Kabush, Esquire Attorney fox Appellee Commonwealth, Department of Transportation c°~a, ~.~ ,,,~~~~ COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION $UREAU OF DRIVER LICENSEING, APPELLEE V. JAMESON E. CHRISTOPHER APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBF..RLAND COUNTY, PENNSYLVANIA NO. 01-4530 CIVIL MOTION TO CONTINUE AND NOW comes the Appellant, Jameson Christopher, by and through his attorneys, ABOM & KUTULAKIS, L.L.P., who respectfully requests that the hearing scheduled for September 25, 2001, pursuant to the Appellant's appeal of his license suspension be continued, and ui support thereof avers the following: 1. Your Appellant was arrested on June 2, 2001 by a Pennsylvania State Police Trooper fox suspicion that he was operating his motor vehicle while under the influence of alcohol. 2. Following the Appellant's arrest, Appellant was brought to Holy Spirit Hospital for medical treatment and so that the Pennsylvania State Police Trooper could obtain a sample of his blood for testing purposes. 3. On that same night, the Pennsylvania State Police Trooper, after requesting that the Appellant give a sample of his blood for testing purposes, deemed that the Appellant refused to provide a sample of his blood. 4. On June 20, 2001, Pennsylvania State Police charged the Appellant with seven (7) different alleged violations of the Vehicle -Code, including driving under the influence of alcohol. 5. A Preliminary Hearing was held on Monday, September 17, 2001 at the office of District Justice Robert Manlove. 6. The Appellant is next scheduled to appear on November 20, 2001, at 1:30 p.m. for the purposes of a formal arraignment on the offenses allegedly committed on June 2, 2001. 7. Because the criminal matter pending against him has not-yet been resolved, the Appellant respectfully requests that the license suspension hearing in the above captioned matter be continued pending the disposition of the criminal case. Appellant has concern that any statements made by him during the course of the license suspension hearing may be used against him at the time of a latex criminal trial. 8. Appellant's attorney has spoken with the attorney for the Department of Transportation, George Kabusk, Esquire, who indicated that he does not oppose the requested continuance. WHEREFORE, fox all the foregoing reasons the Appellant respectfully requests that the license suspension hearing previously scheduled for September 25, 2001, be continued. Respectfiilly submitted, Abom & Kutulakls, L.L.P. Date: September 17, 2001 John A. bom, Esquire Atto y I.D. No. 77961 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Distribution List: John A. Abom, Esquire Attorney fox Appellant George Kabusk, Esquire Attomey for the Appellee Commonwealth, Department of Transportation -~,.., COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LIGENSEING, APPELLEE V. JAMESON E. CHRISTOPHER APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4530 CIVIL ['ERTIFICATE OF SERVICE I, John A. Abom, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as foIlows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Centex Harrisburg, PA 171042516 Dated: September 17, 2001 COMMONWEAL OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF BUREAU OF DRIVER LICENCING, CUMBERLAND COUNTY, PENNSYLVANIA Appellee V. JAMESON E. CHRISTOPHER, Appellant 01-4530 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 30th day of November, 2001, after hearing, the appeal of James A. Christopher from the suspension of his operators license is dismissed, and the action of the Department suspending his operating privileges pursuant to Section 1547 (a) is sustained. By the Court, Edward E. Guido, J. George Kabusk, Esquire For the Commonwealth John Abom, Esquire fs..,,,; ~yrie..Qc..~ ia~ 07'0/ For the Defendant _'S`~~ It