The URL can be used to link to this page

Home My WebLink About99-05132 F u REFUSAL TO SUBMIT TO CHEMICAL TESTING AS 99201 6114 AUTHORIZED BY OF THE VEHICLE CODE 644103 FwTtVa/-? NEDLE^ LAay'j oar/?? ?J 2 /;,/ 37-1 3, 49/ ADOIU CITY STATE 2M coca oRRRRNUMBER STATE CHEM TEST REOUEST DATE SOCIAL SECURITY NUMBER a 19.2 901 7 N .-. rN f ?E ; 4, 10 D s 1.? 1041 I? r- SECTION 1547 - CHEMICAL TESTING 1. Please be advised that you are now under arrest for driving under the Influence of alcohol or a controlled substance pursuant to section 3731 of tits Vehicle Code. 2. I em requesting that you submit to a chemical lest of t?ti?N (breath, blood or urine. Officer chooses the chemical lest.) 3. It Is my duty, as a polka officer, to Inform you that If you refuse to submit to this oh mlcal teal your operating 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 speak with a lawyer and )he right to remain silent, apply only to criminal prosecutions and do not apply to the chemical testing procedure under Pannsylvanla's ImpMd Consent Law, which Is a civil, not a criminal proceeding. b) You have no right to speak to a lawyer, or anyone also. before Inking the chemical test requested by the police ofncer nor do you have a right to remain silent when asked by the police officer to submit to tlIn ehemroal test. Unless you agree to submit to the lost requested by the ponce officer your eorrdool will be deemed to be refusal and your operating privilege will be suspended for one year. c) Your refusal to submit to chemical testing under the Implied Consent Lew may be Introddoed Into evidence In a criminal prosecution for driving while under the Influence of alcohol or a controlled substance. i certify that I have road the above warning to t motorist regarding to s spenslon of their operating privilege and gave the motorist an opporbo- miry to submit to chemical tooting. ?4 ?/(? Signature of Ollicer: Date: 107 IF - I, I have been advised of the above. Signature of Motorist: Motorist refused to sign, after being advised. Slgnaluro of Ollicer: - AFFIDAVIT Date: Date: % ?- Sf 0 .) S- 1. The above motorist was placed under arrest for driving under the Influence of alcohol or a controlled substance In violation of Section 3731 of the Vehicle Code, and there were reasonable grounds to believe that the above motorist 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 required treatment at a medical facility or was killed. 2. The above motorist was requested to submit to chemical testing as authorized by Section 1547 of the Vehicle Code. 3. The above motorist was Informed by a pollee officer of the chemical test warnings contained In paragraph 3 and 4 above. ?. The above named motorist refused to submit to chemical testing. g,gQg; The refusal to sign this form Is not a refusal to submit to the chemical test. You must still give the motorist an opportu• Mty b Inks Ne ohemlcal loot miter reviewing this form. 11 the Individual was operating • commercial motor vehicle while having any eloohol or a controlled substance In their system, you must aloo complete the reveme Ice of thla /orm. ?7 n D Officer THIS 1101111 MAY Pik DUPLICATED Officer Name: ?' ?? ,/E{F'< < 61J ors Badge Number; 3.2 - S Jurisdiction: LuFSi J6 a: C ICVVD-A/ Phone: (Z/_Z) Mailing Address 3e, I- Fa,c1,JS A i7oY? Note: Any pertinent facts not covered by the Alfidsvl separate cheat and attached hereto. That shut sh additional witnesses necessary to prove the elements ADDITIONAL SUPPLIES OF THIS FORM MAY BE SECURED BY be submitted on COMMONWEALTH'S EXHIBIT Forward to: Department of Transportation Bdresu of Driver Licensing P.O. Box 2253 Harrisburg, PA 17105 WALTER ALLEN LOOMIS, JR., IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, . Appellee NO. 99-5132 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 5th day of November, 1999, after hearing we find that the officer had a reasonable basis to request the Appellant to submit to a chemical test, and that the Appellant was properly advised by having the DL-26 read to him verbatim on at least two occasions, and that the Appellant refused the test; therefore, his appeal is DISMISSED and the action of the Commonwealth in suspending his license is AFFIRMED. By the Co Edward E. Guido, J. Kirstin Garrett, Esquire For the Appellant p„t I I/? e/ q q George H. Kabusk, Esquire For the Appellee :lfh ,T; CRY .,.;I!:CO ;. ? rrr WALTER ALLEN LOOMIS, JR., Appellant V. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF' TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9ZI - ._573,;t /_....-( Appeal of Operators License Suspension - Chemical Test Refusal qq ORDER OF COURT / AND NOW this AW01 day of _CE?Cm1 4'C 1999, upon consideration of the within APPEAL OF OPERATORS LICENSE it is hereby ordered that a hearing shall be held regarding this matter at on the ?? day of w y &"W/yt 1999 at 9.1010 a n?.Apw*v in Courtroom No. sf 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. BY THE COIR(T: Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Room 103, Transportation & Safety Building, Harrisburg, PA 17120 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 j•3 i`% 1 c-.. `J .,"? fit 7 WALTER ALLEN LOOMIS, JR., Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 9- 5/3.z if". -ru, ? Appeal of Operators License Suspension - Chemical Test Refusal APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Walter Allen Loomis, Jr., by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully avers the following: 1. Appellant resides at 437 North Second Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. The Appellant received a notice dated July 27, 1999 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 31, 1999, 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, 1 P8Market F. Lauer, Jr., Esquire Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: ID# 46430 Tel. (717) 763-1800 WALTER ALLEN LOOMIS, JR., Appellant V. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Appeal of Operators License Suspension - Chemical Test Refusal ATTORNEY VERIFICATION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Walter A. Loomis, Jr., hereby verifies and states that: 1. I am the attorney for Appellant, Walter A. Loomis, Jr.; 2• I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known tome 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 { =1 falsification to authorities. Respectfully s fitted, Pat i F, Lauer, Jr., Esquire C? 2108 Market Street, Aztec Building c 3 -f I Camp Hill, Pennsylvania 17011-4706 Date: ID9 46430 Tel. (717) 763-1800 WALTER ALLEN LOOMIS, JR., Appellant V. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Room 103 Transportation & Safety Building Harrisburg, PA 17120 Respectfully submitted, Tr ek F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 7 ' 2 3 ,? ID# 46430 Tel. (717) 763-1800 Date: EXHIBIT A COMMONWEALTH OF PENNSYLVANIA ---- DEPARTMENT OF TRANSPORTATION ---- Bureau of Driver Liccfnsing Harrisburg, PA 17123 ---- JULY 27, 1999 ---- WALTER ALLEN LOOMIS JR 992016114644103 001 107 OLD YORK RD 07/20/1999 APT 31 21973217 NEW CUMBERLAND PA 17070 03/06/1969 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 01/03/1999, your driving privilege is being SUSPENDED for a Period of 1 YEAR(S). In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's 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 privi- lege. 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 Ve- hicle 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 ACKNOWLEDGE- MENT, 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. The effective date of suspension is 08/31/1999, 12:01 a.m. *e?*???e*??***??*?**e*?e*?*****?***e?*?*?*e*e?*?*e?e?*?????e?*?ee?e* (WARNING: If you are convicted for driving while your license is I Isuspended, the penalties will be: not less than 90 days imprison-1 Iment and a 1,000 fine and an additional 1 year suspension. I 992016114644103 Please see the enclosed application for restoration fee in- formation. 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 27, 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 HARRISBURG, PA. 17104-2316 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (7:00 AM TO 9:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6190 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191 r' r. ?v C V I? v n. v -Z I N?l PATRICK F. LAUER, JR. Attorney at Law '_ 108 Mt .kcl Slr.cl Aztec Building CmnP Hill. PA 17011 (717)763-1X00 NUG ? ? t99?f