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HomeMy WebLinkAbout01-05270PATRICIA J. SLATICK APPELLANT v. COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~/-~~ l ~ ~l~ t LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this a~ St day of.!~~'i~.t~J3,C~_ 2001, upon consideration of this APPEAL FROM DRIVER'S LICENSE SUSPENSION, ijt is hereby Ordered that a Hearing an the ma/tt~er shall be held on ~~gi~Q day of ~~~~_ 2001, at 7 ~ ~d o'clock ~.m. in Courtroom No. _~._ of the '.;ur!~bertangl County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that tilts Honorable Court resolves this appeal. BY" TH F. ~d,.,~ds, ~,% . J. ~, . -"~4~#LLi~:Ffth',r",x~.~ukariaa +~~rnxx4.^'sZ]r m.. r, ~.~a+di ~ev!~in'~~in"- -- ^'»rr~4x&aflii w ~.j IF17~'j~~~V~^1'~ ~ P ~~~, l ~~~z ~nr~*`~~y- -~~;y ~ ~~n~. ~-~: ~, 4 d~5 i ~~ ~t~ :~i'v~:l t:. ~+J };zid] ~~~~ ~- ~ 3 ~ ~ I I , ~~ PATRICIA J. SLATICK APPELLANT v. COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. o j - 576 ~9 LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF DRIVER'S LICENSE AND NOW COMES Patricia J. Slatick, Appellant, by and through her attorney, Kirstin M. Sweigard, Esquire and respectfully avers the following: 1. Appellant resides at 546 Bridge Street, Apt. 4, New Cumberland, Pennsylvania 17070. 2. Appellant was arrested for Driving Under the Influence on June 1, 2001 in New Cumberland, Cumberland County, Pennsylvania 3. On August 21, 2001, Appellant was notified by the Commonwealth of Pennsylvania, Bureau of Driver's Licensing that her license will be suspended for refusing to submit to a chemical test on June 1, 2001. A true and correct copy of the Notice is attached as Exhibit "A." 4. Appellant submits that she did not refuse chemical testing on June 1, 2001. 5. Appellant submits that she cooperated fully with the requests of the New Cumberland Police Department and that her actions did not constitute a refusal. 6. Appellant submits that she did not consciously and knowingly. refuse chemical testing. 6. Appellant submits was not given any O'Connell warnings and was not informed that she would lose her driver's license for one year if she refused to take test. 7. Appellant was not informed that she had no right to an attorney. WHEREFORE, Appellant respectfully requests Your Honorable court schedule an evidentiary hearing on the matter. RESPECTFULLY SUBMITTED, ~~~~ ~ ~~~ Kirstin M. Sweigard KLINE LAW OFFICE 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 ID No. 83801 Attorney for Appellant 1,...:. ,_.. .. . .._ ..... _... ___ .._ .... .._ I ~ PATRICIA J. SLATICK IN THE COURT OF COMMON PLEAS OF APPELLANT CUMBERLAND COUNTY, PENNSYLVANIA v. No. COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, APPELLEE ATTORNEY VERIFICATION The undersigned, Kirstin M. Sweigard, Esquire, hereby verifies and states that: 1. She is the attorney for the Appellant, Patricia J. Slatick; 2. She is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Appeal are known to her and not necessarily to her client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of her knowledge, information, and belief; 5. She is award that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. RESPECTFULLY SUBMITTED, ~~~~ ~ Kirstin M. Sweigard KLINE LAW OFFICE 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 ID No. 83801 Attorney for Appellant _ _. _ ..:: I I ..... .. _ PATRICIA J. SLATICK APPELLANT v. COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsyivania Ruies of Civil Procedure, by depositing a copy of the same in the United States New Cumberland, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riven`ront Office Center Harrisburg, PA 17104-2516 RESPECTFULLY SUBMITTED, Kirs in M. Sweigard KLINE LAW OFFICE 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 ID No. 83801 Attorney for Appellant 01226611744786"8 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 21, 2001, of this letter. If you file 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 09/25/2001. Sincerely, c~- ~ ~::; Rebecca L. Bickley, Director Bureau of Driver Licensing 1NFORMATION 7:00 a.m. to 9:00 a.m. IN STATE 1-80D-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 ?~d - tau, .. e'.. ~ ~x o-~ :.~ ~_ ,ez.~., K.u,e-~:ara , ., . , . ~~ ~ ~ ~~ C. ,~ ~ 7 -~-q ~' C'7 ~ `~ C 3 1/ rv ~D { -.~~ (.~ EXHIBIT A ..~ : . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 21, 2001 PATRICIA JOAN SLATICK 546 BRIDGE STREET APT 4 NEW CUMBERLAND PA 17070 WID * 012266117447868 001 PROCESSING DATE 08/14/2001 DRIVER LICENSE * 10834803 DATE OF BIRTH 08/18/1940 pear MS. SLATICK: 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 06/01/2001: • Your driving privilege is SUSPENDED fior a period ofi 1 YEAR(S> effective 09/25/2001 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 51,000 fine AND I ~ your driving privilege will be suspended/revoked for ~ ~ a MINIMUM 1 year Period ~ COMPLYING WITH THIS SUSPENSION Yau must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses Ccamera cards) in your possession on ar before 09/25/2001. You may surrender these items before, 09/23/2001, 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 59.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. Yau will hot receive Credit toward serving any suspension until we receive your license(s). Complete the fallowing steps to acknowledge this suspension. 012266117447868 1. Return all 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 notarized 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/pr a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive 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 products, 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 Ray Your restcration fey, comRlete the f~iloWing stcRS: 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. J~ r. A PATRICIA J. SLATICK, Appellant v. COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, Appellee LICENSE SUSPENSION APPEAL AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the LICENSE SUSPENSION APPEAL filed in the above captioned case upon Appellee, by certified mail, return receipt requested on September 11, 2001 addressed to PA Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 and did thereafter receive same as evidenced by the attached Post Office receipt card dated September 13, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVTI' OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~li~loi Date KIRSTIN M. SWEIGARD, E QUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5270 CIVII. ,, ._. m~ P~14 to ,. lo~.~ o;0 9 ~ Postage $ 10.57 U S ~op~0' ~ CBrtitlea Fee Lfl geturn Receipt Fee - ~ Posfinark a0 (Endorsement Required) . Here ~ Restrictedbelivery""Fee p (EndoraementRegmred) 04/11/21 0 To1e1 Roslage & Fees 7 ~ sent o ~, - o cif "w,e F iY~rfi 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ /4ttach this card to tpa back of the mailpiece, ar on the front if space permits. 1-. Article Addressed to: ~r4- t~e,~p~- ~Tra~S~m-Fu~flsvt~ ~~'~ of CNtt~ Cm~~seP ~}'li r~ ~ (OOf~', IZI flee ~~ ~,,~~- f-~awls~cut~, t~c4 I~l(oy~ZS~ 2. Article~jJumber (Copy from seN~ce laben PS Form 38'11, July 1999 ~ ' ' ' Domestic f by C. Signature ~~" ~ - X ^ Agent ~m,~~~~~fgpp~irania ^ mare ~r~ma~ ~Nfrorn Rem 1? ^ Yes feQYf YeSR n er tlelivery address below: ^ No SEP 13 2001 ,Certified Mail ^ Express Mail ^ Registered - ^ Retum Receipt for MercheMise - ^ Insuretl Mail ^ C.O.D. 4. Resfric[ed Delivery? (EzMa Fee) ^ yey Rlpt 102595-00-M-0852 3 :~ _ +~... _.. _I v. Z~ ~ G ;"' -G~3 ='~; tD - C-Y ~ r i ~ ~ b~ I I ~F Im ~$ ~~ `• i i ~(C 6 I 0 K" ~ ' : :. r ... :•. In ib ...J r ,~ r„ z:. m r° u'7 a= .. 1 ~; M -yn. rn r(, ,.:; _, .S L m ~'' r:J ::.y r4 ~~ . ••~ ~ ~' t M 1' I~ I II :~.:. tI .. .. I ...,_.~ ~J .,..~ . ,i I 9 N ~ •~ Z 7) ~f Yi S:: Zr ile D iR D r.J •-i C': 'D •~ -n i ~ '~ i n rrrrrrlll ! m, "i .:: rr: .. ~°, :; A ., :c .; ..... .~ - S -`S ,y r.I :,, L9 SIl "~ ~ ~` p 111 fi) "S I4 r(Y ~ iO L'1 j o Y 6 (~~ a -; rq ::.., :r .,7 .: ~: r•, :. Crr r~7 .; ~; !J s ~~ :.. i x- r- ~ v OO ~~ rrl r . u !J Sri! 4: ~' 'Z7 Vii' 1;1;A t': r'! . m ~1 ~ {t7 m I ; ~;, nr r~ A~ ly :xa ,': : 17v rJ :~ y Sig ry .. i) '.1;. I Iri 'd ~ja o V G 1 fr) ~ 'i ~% n r l' l ~, .:. P ~ O N ~ .:.:m 'n. ru r., f•J fL Nf4 rv Gi r~:.. ~ ~ - ~JI La l9 r. ~_ X;:.r: °a ... ..., rn '7.. I \11 L ;, i i _N of+zslT-uzl CHEMICAL TESTING WARNINGS AND REPORT OF p ~ lE ~~'~=`~ a`~"r'~- d. ~ ~~~- .'.'''I: ~- ~ ~ REFUSAL TO SUBMIT TO CHEMICAL TESTING AS AUTHORIYED BY • ~ `OF THE VEHICLE CODE NAME - 9E7I DA TE OF BIRTH FI T ~akricla, MIDDLE oar LAST ~ S F MONTH g DAY l~ YEAR d ADDRESS CITY 8TATE Z~CODE 54(0 ~r'1~1 e. ~~ -. R ~ rrv ~~10 D DRIVER HUNKER STATE CNEM TEST REQUEST DATE SOCIAL SEC URITY N UMBER o S ~ X03 PA MONTH o~ DAY o YEAR O a ~ i~ ~, .,. Please be advised that you are now under arrest for driving under the Influence of acohol or a eonkolled substance pursuant ro section 3731 of the Vehide Cods, ©i am requestlng that you submit to a chemical lest of br~~-h (breath, blood or urine. Officer chooses the dtamical test.) ®It is my duty, as a police olliwr, to Inform you thalil you refuse to submit to the chemical test your operating privilege will be suspended for a period of one year. ~~The eonsUrotlonal dghts you have as a criminal defendant, commonly known as the Miranda Rights, including the right to speakwith s lawyer and the right to remain silent, apply onty [o erlminal proseeutlons and do not apply ro the chemical Msting procedure under Pennsylvania's Impged Consent Law, which is a civil, not a erlminal proceeding. .bTi You have no dgbt to speak to a lawyer, or anyone else, before taking the chemical test requested by the police ollicer nor do you have a right to lJ remain silent when asked by the police ollicer to submit to the chemical test Unless you agree to submit to the test requested by the police officer your conduct will be deemed to be relusel and your operating privgege will be suspended for one year. co Vour relusel to submit to chemical-tasting under the Implied Consent Law may be inkodueed Inro evldenee fn a aiminel prosecution far driving while under the inguence of alcohol or a controlled substance. I cattily that 1 have read the above warning to the motorist re erdin tl~ u 6 npl their operating privilege and gave the motorist an opportu- nity to submit to dtemlcal testing. 1, SlpnaNre of ONicer: Date: 6 - I - ~ I I h eve been advised of the above. \ , ~ Signature of Motorist: J~ ate: Motorist refused to sign, after being advised. Signature of Officer: Date: AFFIDAVIT 1. The above motorist was placed under arrest for driving under the Influence of alcohol or a conkolled substance in violation of Section 9731 of the Vehicle Code, and (here were reasonable grounds to believe that the above motorist had been driving, operating or in actual physical conkol of the movement of a motor vehide while under the inguence of alcohol or a conaolled~substance or both. or That the above named motorist was involved in an oxidant in which the operator or passenger of any vehide involved or a pedesDian required vestment at a medical Iacility or was killed. 2. The above motorist was requesledio submit to chemical testing as authorized by Section t3d7 of the Vehicle Code. 3. The above motorist was Informed by a police ollicer of Ute chemical tact warnings contained In paragraph 3 and 4 above. 4. Tfia above named morodst refused ro submit to ehemkal Mating. OFFICER NOTE: The relusel to sign this farm Is not a re/asst to submit to the chemleal test You must still glue the motorlat sR opportu• oily to take the chemleal test alter reviewing This form. ll the ledlvldual was operalinp a commercial motor vehiols while Mavinp any alcohol or a controlled substance iR Ihelr system, you must also complete the reverse side of this form. ~~ . Officer Signature: ~~~~ C /Ql (Type a PrMI) Forward to: Department of Transportation - . Bureau of Driver Licensing P.O. Box 2253 Harrisburg, PA 17105 tl•3o •~I i-KT. Badge Number: 3 Jurisdiction: t/ /Y! ~ ~~W ~umB~~ PLace4~ Mailing Address r ll,~o /YIAaLK~ ~?` Note: Any parlinent lads not covered by the ellidavit should be submitted on a separate sheet end attached hereto. Thal sheet should Include the names of eddilional witnesses necessary to prove the elements to which youheve altestad. THIS FORM MAY BE DUPLICATED ADDITIONAL SUPPLIES OF THIS FORM MAY BE SECURED BY COMPLETING FORM OS-51 to COMMONWEAL OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF BUREAU OF DRIVER LICENCING, CUMBERLAND COUNTY, PENNSYLVANIA Appellee V. PATRICIA J. SLATICK, Appellant IN RE 01-5270 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 30th day of November, 2001, after hearing, the appeal of Patricia J. Slatick from the suspension of her operating privileges is dismissed, and the action of the Department Suspending those privileges pursuant to Section 1547 of the Vehicle Code is sustained. By the Co , Edward E. Guido, J. George KabuSk, Esquire For the Commonwealth iz• ~•o~ Kirstin M. $weigard, Esquire ~,~j For the Defendant It ... ~,,, . ,il;,,~~,~;, !, -,n _.~,~