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Home My WebLink About99-06709?' .._ _, by n RANDY LEE FLOOD : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 8.J/ . ( iv4 C(_Z T,.._ COMMONWEALTH OF PENNSYLVANA DEPARTMENT OF TRANSPORTATION ORDER AND NOW, this / ?/Ctday of 1999, upon Petition of RANDY LEE FLOOD, a hearing is set on the License Suspension Appeal for the '`/' day of IF -lam at ?•' OD -----> o'clock Al .m., in Courtroom No. -S of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending final detennination in this matter. BY THE CO J. 0 s9 k`?`? i 2 Fig 2: j5?f cu1IYIJ?~IJu ?U WUN 1 p?.i?SYLVt?!'.f+ J Z Ib RANDY LEE FLOOD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. COMMONWEALTH OF PENNSYLVANA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL AND NOW, comes Randy Lee Flood, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and files the following: 1. Your Petitioner, Randy Lee Flood, is an adult individual residing at 591 Geneva Drive, Apt. 918, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at P.O. Box 68693, Harrisburg, Pennsylvania. 3. On or about October 7, 1999, Petitioner received a notification that his license was being suspended as a result of an alleged violation of § 1547 of the Motor Vehicle Code, i.e., refusal, a copy of said notification is attached hereto, incorporated herein by reference, and marked as Exhibit A.. y 4. The aforementioned refusal is improper, invalid, and illegal for the w?l following reasons: t A. Petitioner was not properly advised of his rights as it related to Miranda warnings and the O'Connell warnings; B. Petitioner supplied sufficient breath to produce a result; C. Petitioner did not refuse to take the breath test as requested. 5. The license suspension is as a result of the above invalid and improper. WHEREFORE, Petitioner prays this Court to grant the relief in the form of sustaining his appeal and not suspending his operating privileges in the Commonwealth of Pennsylvania. Respectfidly submitted, Mancke, Wager, Hershey & Tully l By_ ] Esquire I.D,,,#23103 2,233 North Front Street .Harrisburg, PA 17110 (717)234-7051 Attorneys for Petitioner Date: // q ,-y I q q CI J? v ?, I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 OCTOBER 07, 1999 RANDY LEE FLOOD 992736114703704 001 591-18 GENEVA DRIVE 09/30/1999 18328114 MECHANICSBURG PA 17055 10/01/1958 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 09/06/1999, 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 privilege. Failure to'comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecutio 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. The effective date of suspension is 11/11/1999, 12:01 a.m. 3E 3f 3f 3E 3E jE?E 3f 3f 3f 3f 3E 3f 3E 3E?E * * 3E 3E 3E 3F E ?E if if 3E iE % # 3E 3E 3f 4 3E 3E iE 3E 3E 4 3E ?E iE +f 3f 3f 3E 3E 3E 3f iE jE :{;. * E * { * f 3E 3E 3f 3f'.F 3f 3E 3E IWARNING: 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 3E 3Ef 9E 3f 3E*E3E 3E 3F?EiE?E**?f 3f 3E 3E 3E?f 3E43f?f?E*4i*lE#?Ejf?F 3E 4if ?jE?f jE iE ?E E3E 3E*iE *?Ef 3E 3E 3E iE 3F#3f %3E ?iE ?E** Exhibit A ._._..__..___.. ___."_' w,? •??tn.:.?,:+M1rrJ,+:.aX!4•N:rn,%6?x?..._..??^'?ce .._.:.?'.'3?s?. -- 992736114703704 Please see the enclosed application for restoration fee information. 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, OCTOBER 07, 1999. If you file an appeal in the County Court, the court will give you a time-stamped certified copy of the aooeal. 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 sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 . - -'qtt I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, HERSHEY, & TULLY, do hereby certify that I am this day serving a copy of the foregoing document to the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, certified mail, return receipt requested, and addressed as follows: George Kabusk, Esquire Office of Chief Counsel Department of Transportation 1101 South Front Street Harrisburg, PA 17104 By Qll`Lf1 %` '???144 Debra K. Spinner, Secretary MANCKE, WAGNER, HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire DATE: it j :::'1 1 ?`: t ?;', ?.'? ?:^l'.,: ?.^'? i 'i?V. +51. ?? :{i+ i '::?J ';Y: is >'i: C.R ': ?( .i l C? ry r• ? 1'h LLIO\; N IJ CL.. - 'tn n?j ? 3 r_ trn \^ . ?1 _ ' ' ` LL rn e Y ¢ } Z J ? C7? n 3ca ff } _ y L 5 Y W - ' _ Q W n RANDY LEE FLOOD V. COMMONWEALTH OF PA DEPT. OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6709 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of February, 2000, by agreement of the parties, the appeal of Randy Lee Flood is DISMISSED. The action of the Department in suspending his operating privileges is AFFIRMED. By the Court, i ri Edward E. Guido, J. j! P. Richard Wagner, Esquire ,2 -1.5 0 O 'I For the Petitioner RKS li Matthew X. Haeckler, Esquire ?i For the Department of Transportation is :lfh