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Home My WebLink About99-05478?. -al .??! !.. i:..,? .z 9, iYT >; r?i ?;d o42e 17•MI CHEMICAL TESTING WARNINGS AND REPORT OF 99218 611 018766 REFUSAL TO SUBMIT TO CHEMICAL TESTING AS AUTHORIZED BY e a OF THE VEHICLE CODE FIgST, MIDOLE V LASC.%?? R??L SEX DATE OF BIRTH ?r MONT DAY YEAR ? ADDRESS E68 7 F/ CITY STATE ZIP CODE DRIVER NUMBER 9 0v? STATE -7CHEM TEST REQUEST DATE MONTH 9 ? o SOCIAL SECURITY NUMBER S 0 ?- o d Niel I • 1. Please be advised that you am now under arrest for driving under the Influence of alcohol the Vehicle Code or a controlled substance pursuant to section 3731 of . 2. 1 am requesting that you submit to a chemical test of (brsath to r urine. Officer chooses the chemical test.) 3. It is my duty, as a police officer, to inform you that if you refuse to submit to the chemical test 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 lawyerand the right to remain silent, apply only to criminal prosecutions and do not apply to the chemical testing procedure under Pennsylvania's Implied Consent Law, which is a civil, not a criminal proceeding. b) You have 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 remain 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 your conduct 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 Law may be introduced into evidence in a criminal prosecution for driving while under the influence of alcohol or a controlled substance. I certify that I have read the above warning nity to submit to chemical testing. Signature of Officer. I have been advised of the above. Signature of Motorist: Motorist refused to sign, after being advised. Signature of Officer: accrna %1,r Date: l Date: ` 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 police officer of the chemical test warnings contained in paragraph 3 and 4 above. 4. The above named motorist refused to submit to chemical resting. OFFICER li 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 etc?aI motor vehicle while having any alcohol or a controlled substance In their system, you must also complete the rev a si f thi form. SUBSCRIBED AND SWORN Officer Signature: TO BEFORE ME: '?onP6? awr Officer Name: y yA nYaL ina Oae, E SIGN IN PRESENCE OF NOTAR- Badge Number: ?so3 Jurisdiction: ? - M?i14 cove L Phone: (111)?!.(0"t r? lu, I?/t`1 ' "^?"// Mailing Address 0?/ 1 TA AT'rp1.1A fill=? 1 "` Forward to: 1,N?P14Y-LJl'Nr?J (? ?1a.0? Department of Transportation I.Z11l2I Bureau of Driver Licensing l - f P.O. Box 60037 T Nola: Any pertinent facts not covered by the ale should should be submitted on a Harrisburg, PA 17106-0037 separate shoot and attached hereto. That shoot should include the names of 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 BY COMPLETING FORM OS•511A the suspension of their operating privilege and tie a the o o' t an opponu• Date: ?7; ?7P SEP - 9 199 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, VS. JEFFREY LEE GREENAWALT, PETITIONER NO. qt SqX CIVIL ACTION ORDER OF COURT et'^' L AND NOW, this /4 day of ? 1999, after consideration of ' the?fact? set forth, iched Petition and upon the motion of ? ttorney fork a hearing is scheduled for the --cl-l y of 1999 at 57;3o o'clockFn., in Courtroom Number -., of the Cumberland County Courthouse, Carlisle, Pennsylvania. All proceedings are stayed pending a final decision by the Court. <: fr vi 1 LL .r. L ?-i liJ V) .1(1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION, : :NO. 1q- 547 g VS. : CIVIL ACTION JEFFREY LEE GREENAWALT, PETITIONER PETITION TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE Now comes the Petitioner, Jeffrey Lee Greenawalt, by and through his attorney, H. Anthony Adams, and sets forth the following. 1. Petitioner Is Jeffrey Lee Greenawalt, an adult individual who resides at 396 Turnpike Road, Newburg, Cumberland County, Pennsylvania. 2. Petitioner was on July 28, 1999 taken to the Chambersburg Hospital in Chambersburg, Pennsylvania, by the Pennsylvania State Police. 3. The Pennsylvania State Police requested consent from Jeffrey Lee Greenawalt to obtain a sample of his blood to establish his blood alcohol level. 4. It is believed that Jeffrey Lee Greenawalt was requested to sign additional forms by the Chambersburg Hospital prior to the blood test. 5. Jeffrey Lee Greenawalt would not sign any forms and was therefore, deemed to refuse a chemical test of his blood. 6. The refusal to supply Information to the hospital and to sign insurance releases or admissions forms Is not a refusal of the test. Wherefore, Petitioner prays your Honorable Court reverse the Pennsylvania Department of Transportation's suspension. Respectfully submitted, 'Z-?Qa?Gp= H. Anthony Adams, Esquire Attorney for Petitioner 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ?,f ?r I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9, a •99 ?CC- CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons In the manner indicated below, by depositing a copy of the same In the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Rivertront Office Center Harrisburg, PA 17104 Date: 9_a q9 Dawn M. Shoop Legal Assistant for H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 13, 1999 JEFFREY LEE GREENAWALT'. 992186112018766 001 396 TURNPIKE RD 08/06/1999 NEWBURG PA 17240 19001188 05/16/1960 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 07/28/1999, 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 09/17/1999, 12:01 a.m. ?**e*****e*e*eeeee?aee?e*ee*e***e**?****?**r*??ee???e*??ee?***eee?ee (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. ea*ae*******e***ee*ee?eee***e**?ee*r?**eee???e?e?e**??**?ae?**e*e*** 992186112018766 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, AUGUST 13, 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. 17104-2516 Sincerely, q4" ?? ? 11;j? Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: INFORMATION (7:00 AM TO 9:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6199 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191 u, ;-2 co ry) M ; 1 a COMMONWEALTH OF PA. IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF CUMBERLAND COUNTY, PENNSYLVANIA TRANSPORTATION V. JEFFREY LEE GREENAWALT IN RE: HEARING DATE 99-5478 CIVIL TERM ORDER OF COURT AND NOW, October 12, 1999, hearing in the above matter is continued from November 24, 1999, to Wednesday, December 1, 1999, at 2:30 p.m. in Courtroom No. 3. H. Anthony Adams, Esquire 128 East King Street Shippensburg, PA 17257 For the Petitioner George Kabusk, Esquire Pa. Dept. of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Q.' _ " 1f.9Y 99 OCT 18 AM 9: 28 couNly PENNSYLMMI A COMMONWEALTH OF PA., DEPARTMENT OF TRANSPORTATION V. JEFFREY LEE GREENAWALT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-5478 CIVIL LICENSE APPEAL SUSPENSION IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, December 1, 1999, 3:00 p.m., after hearing and consideration of the testimony presented, the defendant's appeal of his suspension of driving privileges by PennDOT is refused and dismissed. George Kabusk, Esquire For Department of Transportation H. Anthony Adams, Esquire For Jeffrey Lee Greenawalt By the Court, NFh* - e e E. Hoffe , P.J. n m ?C 12/13/99. :mtf CL; .. " ?2