HomeMy WebLinkAbout99-04618
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COMMONWEALTH
V.
DONNIE JAMES COX
IN Tim COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-q?, L% CIVIL
CIVIL ACTION-LAW
APPEAL FROM LICENSE SUSPENSION
ORDER
And now this 2 r ?- day of August, 1999, upon appeal from order of suspension of driver's
license, it is ordered and directed that a hearing be held thereon on the day of
1999 at - 9 o'clock Q in in Courtroom No. / Notice shall
be given forthwith by Certified Mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel, 3'd Floor
Riverfront Office Center 171
Harrisburg, PA 17104-2516
By the Court:
Cf/ J.
rfq( 11 AA--"
COMMONWEAum
V.
DONNIE JAMES COX
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
99- 6/,f CIVIL
CIVIL ACTION-LAW
APPEAL FROM LICENSE SUSPENSION
APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION
SUSPENDING DEFENDANT'S LICENSE
TO THE HONORABLE JUDGES OF SAID COURT:
This is an appeal by Donnie James Cox through his Attorney John H. Broujos, Broujos &
Gilroy, PC.
1. Appellant is Donnie James Cox, residing at 162 West North Street, Carlisle,
Pennsylvania 17013.
2. Appellant possessed a valid driver's license #23451084; went to PennDOT to determine
his status; and surrendered his license.
3. On July 1, 1979, appellant was notified by The Department of Transportation that his
license was suspended effective August 8, 1999 as a mandatory suspension under § 1532(c) of
the Vehicle Code, for violation of § 1543A of the Vehicle Code, driving while under suspension.
4. The suspension was improper for the following reason:
A. Appellant was sentenced sometime in October 1997 and incarcerated in Cumberland
County Jail during the period from October 27, 1997 to January 6, 1998.
B. Appellant understood that the suspension of his license was for a period of six
months. Six months would have expired on approximately April 20, 1998.
5. Upon release from jail, Appellant, under the impression his license suspension was for
six months and the six months having expired, went to The Department of Transportation and
requested restoration of his license.
6. On or about April 24, 1998, Appellant was issued a license by the Center at Harrisburg.
The restoration of the license by PennDOT after the six month period had the effect of
confirming his understanding that the suspension was only for that period of time.
8. While Appellant was in jail, he received no communication indicating any longer period
of suspension; nor did his wife receive any communication from PennDOT.
WHEREFORE, Appellant requests the Court to set down the matter for hearing de novo under
§ 1550 of the Vehicle Code and to order that the suspension be settAsic . 1
ID
B, MYJOS & GILROY, PC
4 rth Hanover Street
Carlisle, PA 17013
(717) 243-4574
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COMMONWEALTH IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
APPEAL FROM LICENSE SUSPENSION
DONNIE JAMES COX No. 99-4618 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of October, 1999,
upon consideration of the Appeal from Order of Department
of Transportation Suspending Defendant's License, said
appeal being from a notice sent by the Department of
Transportation and dated July 1, 1999, which notice has
been admitted as Appellant's Exhibit 1 in this proceeding,
and is attached hereto, it is ordered and directed as
follows:
1. The appeal of the suspension is remanded
to the Department of Transportation to update its records
in accordance with the agreement of the parties, and to
rescind the suspension which was the basis of the appeal.
2. The aforesaid agreement of the parties
is that the suspension, which was for a violation of July
24th, 1998, should be rescinded from the Department's
records inasmuch as Mr. Cox was not aware of the suspension
of his operating privilege on that date and, in fact, had a
license in his possession which had been issued by the
Department at that time. This agreement was reached in
open court between counsel for the Department of
FILED-c,,mu
99 OCT 19 PH 2: 25
CUMSE LM,L) WUI\rry
PENNSYLVMIA
Transportation in the person of Matthew X. Heckler,
Esquire, and counsel for the Appellant, John Broujos,
Esquire.
By the Court,
John H. Broujos, Esquire
For the Appellant
Matthew X. Heckler, Esquire
For the Appellee
wcy
,
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
JULY O1, 1999
DONNIE JAMES COX 991759283401530 001
162 W NORTH ST 06/24/1999
23451084
CARLISLE PA 17013 09/16/1958
LICENSE IN BUREAU
Dear Motorist:
As a result of your conviction on 05/04/1999 of violat-
ing Section 1543A of the Vehicle Code, DRIVING WHILE
SUSP/REVOKE on 07/24/1998, your driving privilege is being
SUSPENDED for a period of 1 YEAR(S) as mandated by Section
1543 of the Vehicle Code.
The effective date of suspension is 08/08/2000, 12:01 a.m.
The above mentioned sanction is in addition to any pre-
viously issued sanction(s).
You will be notified of any outstanding restoration re-
quirements approximately 30 days before the eligibility date
of the restoration of your driving privilege. You must
tollow tnose instructions very carefully in uruer Lu have
your driving privilege restored.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date of this letter, JULY 01, 1999. If you file an appeal
in the County Court, the Court will give you a time-stamped
certified copy of the appeal. Send this time-stamped cer-
tified copy of the appeal by certified mail to:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
THIRD FLOOR, RIVERFRONT OFFICE CENTER
97 wj
HARRISBURG, PA. 17104-2516pela?-t-
LICENSE NO. : 23451084
TERM SUSPENSION/REVOCATION
-You have a 15 DAY(S) suspension/revocation that began (or
will begin) on 12/12/98. Credit for serving this suspension/revoca-
tion began (or will begin) an 07/24/99 and will end on 08/08/99.
The suspension/revocation resulted from a violation on 02/12/97
of Section 3714, CARELESS DRIVING
This letter identified the requirements necessary to restore your
driving privilege and we are looking forward to working with you to do
this. Unless another address was indicated, return any documents and/or
fees to the MAILING ADDRESS listed below. Phone numhprs are provided
for your use. To ensure prompt customer service, please write your
driver's license number, listed at the beginning of this letter, on all
documents you send to PennDOT. Thank You,
P.S. REMEMBER, Your ELIGIBILITY DATE is 08/08/99. J
MAILING ADDRESS: INFORMATION (7:00
PennDOT IN STATE
Bureau of Driver Licensing OUT-OF-STATE
P.O. Box 68693 TOO IN STATE
Harrisburg, PA 17106-8693 TDD OUT-OF-STATE
AM to 9:00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676 t
717-391-6191
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