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Home My WebLink About03-3046DAREN LEE CARR, Petitioner, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0q~- ~0~q[~ Civil Term Appeal From Disqualification of Commercial Driver's License APPEAL FROM DISOUALIFICATION OF COMMERCIAL DRIVER'S LICENSE AND NOW comes the petitioner, Daren Lee Cart, by and through his counsel, R. Mark Thomas, Esquire, and files this Petition of an Appeal from the Notice of Disqualification which he received from the Commonwealth of Pennsylvania and in support thereof respectfully represents: 1. Daren Lee Carr is an adult individual who resides at 1111 Rana Villa Avenue, Camp Hill, Cumberland County, Pennsylvania 17055. 2. The Commonwealth of Pennsylvania Department of Transportation has its principal office located on the Third Floor, Riverfront Office Center, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner is an over the road truck driver and is required to maintain a valid commercial driver's license. 4. On or about May 24, 2003, in York County, your petitioner was issued a citation by the Pennsylvania State Police citing him with Driving On Roadways Laned For Traffic, 75 Pa.C.S.A. § 3309(1). 5. Petitioner presumed that the citation was for a minor traffic offense and therefore he paid fines and costs totaling $104.00 on or about June 3, 2003. 6. By letter dated June ll, 2003, the Department of Transportation notified the petitioner that his commercial driver's license was being disqualified for a period of sixty (60) days, effective July 16, 2003, due to his conviction of 75 Pa.C.S.A. § 3309(1) on June 3, 2003. A copy of the letter from the Department of Transportation is attached hereto as Exhibit "A". 6. Your petitioner did not challenge the underlying citation in the district magistrate's office because he thought it was a minor violation which would not result in additional adverse consequences, however, now that petitioner has received notice that his conviction will result in a disqualification of his commercial driver's license your petitioner hereby desires to have a hearing on the underlying citation. 7. A summary appeal of the underlying conviction has been filed in the York County Court of Common Pleas. 8. Your petitioner is employed as an over the road truck driver who needs his commercial driver's license in order to maintain his livelihood. WHEREFORE, petitioner prays that this Honorable Court will schedule a hearing on the appeal of his Notice of Disqualification. Respe~ctfully submitted, · ar omas, esquire Attorney for Appellant 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID# 41301 VERIFICATION I verify that the'. statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 R. Mark Thomas, Esq. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 JUNE 11, 2005 DAREN LEE CARR 1111 RANA VILLA AVENUE CAMP HILL PA 17011 031559283615015 001 06/04/2003 22796159 10/27/1971 Dear Hotorist= As a result of your conviction on 06/03/2003 of violating Section 5509 of the Vehicle Code, DRIV ON ROAD LANE FOR TRF on 05/24/2005 , your privilege to drive a commercial motor vehicle is being disqualified for e period of 60 DAY(S) as mandated by Section 16~lG of the Vehicle Code. The effective date of disqualification ls 07/16/2003, 12:01 a.m. In order to comply with this sanction you are required to return any current driver's license, learneres permit and/or temporary driveres license (camera card) in Your Possession no later than the effective date listed, If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or* a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Exhibit "A" 031559283615015 Please see the enclosed application for restoration fee information. Nhile your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or N 1,!cerise, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if you elect to obtain this noncommercial Class C or H license, you are still prohibited from operating a commercial motor vehicle. If You do so, you are subject to additional penalties, including possible lifetime disqualification of your commercial driving privilege. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JUNE 11, 2003) of this notice. You must still send in your license before the effective date of disqualification unless You appear in person before a Judge and receive an order permitting you to continue to drive. PLEASE NOTE~that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN FZLED ZN THE COUNTY COURT, A TZHE-STAHPED CERTZFZED COPY OF THE APPEAL HUST BE SENT BY CERTZFZED HAZL TO: PENNSYLVANZA DEPARTHENT OF TRANSPORTATZON OFFZCE OF CHZEF COUNSEL THZRD FLOOR, RZVERFRONT OFFZCE CENTER NARRZSBURG, PA. 17104 Sincerely~ Rebecca L. Bickley~ Director Bureau of Driver Licensing 031559283615015 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box'68695 Harrisburg, PA 17106-869~ INFORNATION (7~00 AH TO 8~00 PH) IN STATE 1-800-9~2-~600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 DAREN LEE CARR, Petitioner, Vo COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : NO. 03- 3Old'~ Civil Term : Appeal From Disqualification of : Commercial Driver's License IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, this day of , 2003, upon consideration of the within Appeal From Disqualification of Commercial Driver's License imposed by the Commonwealth of Pennsylvania, Department of Transportation, it is hereby ordered that a hearing is scheduled on this appeal for the ~o24*~ay of ~ 2003 at /~Y~6b'clock a.~aJp.m in Courtroom _,~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. CCi Office of Chief Counsel R. Mark Thomas, Esquire Appellant DAREN LEE CARR, Petitioner, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent AND NOW, this ~ay IN THE COURT O!~' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3046 Civil Term Appeal From Disqualification of Commercial Driver's License ORDER of September, 2003, the hearing in this matter which was previously scheduled for September 22, 2003 is continued by agreement of counsel and is rescheduled for Monday, October 6, 2003 at 11:00 a.m. The hearing will be held in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, PA. By the Court, ¥!NYAq,t,gNN]c] DAREN LEE CARR, Petitioner, Vo COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3046 CiviITerm : : Appeal From Disqualification of : Commercial Driver's License _. : _. _PRAECIPE TO WITHDRAW APPEAL, TO THE CLERK OF COURTS: Kindly withdraw the Appeal From Disqualification of Commercial Driver's License which was filed on June 26, 2003. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100