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Home My WebLink About07-3443MICHAEL G. DUTREY, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 4 z 3 y y3 ~~.~ ~~~- LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Michael G. Dutrey, by and through his attorney, Karl E. Rominger, Esquire, and avers the following: 1. Appellant resides at 1795 Cessna Street, Carlisle, Pennsylvania 17013. 2. Appellant received Notice dated June 7, 2007, stating that as authorized by Section3804E2I of the Pennsylvania Vehicle Code, as a result of his April 2, 2007, conviction, of violating Section 3802A2 of the Vehicle Code DUI BAC .08-<.10 on June 22, 2005, his driving privilege is suspended for a period of 1 year effective May 15, 2007, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Defendant has appeal his conviction by way of Post Sentencing Motions, and intends to follow any adverse decision thereto with a direct appeal to the Superior Court of Pennsylvania. 4. Defendant's conviction has not yet been finalized, and he has not yet had his Federal Constitutional Right to effective Appellate review. 5. Removing petitioner's license during the pending. of the appeal denies him his right to appellate review of the conviction which triggers the collateral consequence, as the license suspension will occur and then end before appellate review of the offending Order is completed. 6. This denies petitioner Procedural and Substantive Due Process under the Federal and State Constitutions. 7. This denies Equal Protection to petitioner. 8. Fundamental Fairness requires the license suspension be stayed, to protect petitioner from harm, as if his appeal is successful on the criminal charges, he will be collaterally damaged, without recourse. WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Respectfully submitted, Rominger & Associates Date: June 11, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant MICHAEL G. DUTREY, Appellant v. CONIlVIONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Appeal From Suspension Of Operator's Privilege upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, Rominger & Associates Date: June 11, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 07, 2007 MICHAEL G DUTREY WID # 071516128554119 001 156 ELM STREET PROCESSING DATE 05/31/2007 DRIVER LICENSE # 25139506 CARLISLE PA 17013 DATE OF BIRTH 03/04/1980 LIC~3TTSE IN BUREAU Dear MR. DUTREY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your 04/02/2007 conviction of violating Section 3802A2 of the vehicle Code DUI BAC .08-<.10 on 06/22/2005: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/15/2007 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are satisfied. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed c>n the first page) on the check or money order to e:n.~ure proper credit. 3. Follow the payment and mailing instructions on the back of the application. J~ ~,~ 1 ~c~ !~ 071516128554119 IGNITION INTERLOCK Before your driving privilege can be restored you are re- quired by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influenr_e. You will receive more information regarding this requirement approx- imately 30 days before your eligibility date. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 07, 2007, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of TransLcortation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, ~~: ~~e~ Janet L. Dolan, Director Bureau of Driver Licensing 071516128554119 TrTF(_IRMATT(]N 8:00 a.m. to~.00_~.m.. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 1-800-228-0676 717-412-5380 WEB SITE ADDRESS www.dmv.state.~a.us C. v ~ ~ ~ -l=- ~ C c~ p `=~ fi~ -.~., -.-~ _ -~-,.-~ _ ~~ .~~ ~ ~- ~ ~ f-F, to ~. ~ JUN 1 ~ 2007~C ~' MICHAEL G. DUTREY, IN THE COURT OF COMMON PLEAS OF Appeiiant :CUMBERLAND COUNTY, PENNSYLVANIA v. No. p ~ 3~! f3 C~ COMMONWEALTH OF :LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, . Appellee ORDER OF COURT AND NOW, this ~~' day of ~' ~ c.. , 2007, upon consideration of this Appeal From Suspension Of Operator's Privilege, it is Ordered that a hearing on the matter shall be held on the g~ day of ~t , ~, aty~ ~y o'clock clrfi. in Courtroom No. ~ of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1)u~n}til such time that this Honorable Court resolves this appeal, (~~~ l ~7 ~ ~ < <''`~~ ~~ `~' ~ ~+ S`' ~"~ 2 'r? u~~ S~~ Q-~5 ~ s (~~, ? V l j'G ~ b "~ S Z -~ C. By the COUr Distribution: O ice of Chief Counsel A DEPARTMENT OF TRANSPORTATION Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-251 b Karl E. Rominger, Esquire ~MIIVGER & WHARE 155 South Hanover Street Cazlisle, Pennsylvania 17013 6 GY~4 ~ "'~ _r 'b/ ~~ ~~'~a '? 1,,.:~'.~~1.-1 :,[ Y '~' MICHAEL G. DUTREY, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3443 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of June, 2007, upon request of George Kabusk, Esq., attorney for Appellee, the hearing previously scheduled for October 8, 2007, is rescheduled to Wednesday, October 10, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ALL CONDITIONS of the prior order of court dated June 18, 2007, shall remain in full force and effect. BY THE COURT, ,,/>~arl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Appellant L ~ 1~ .ii-t~~~,~ ~ , i =" {r~n1~ Y.,. ~_ 1 ~ 'x{ tt.7 ~'" ti ~orge Kabusk, Esq. Office of Chief Counsel Department of Transportation Commonwealth of Pennsylvania 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee :rc • MICHAEL G. DUTREY, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 07-3443 CIVIL TERM ORDER OF COURT AND NOW, this 3`d day of October, 2007, upon consideration of the attached letter from Karl E. Rominger, Esq., attorney for Appellant, the hearing previously scheduled for October 10, 2007, is continued generally. Counsel are directed to notify the court if a hearing is desired in this matter or if a settlement is reached. BY THE COURT, vKarl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Appellant /George Kabusk, Esq. Office of Chief Counsel Department of Transportation Commonwealth of Pennsylvania 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee '~ j J ,r`~ -,, ~,, ,~ C'a t .~ m7~~~ I o~.~io ~ ~~ J. esley Oler, J' ., J. :rc ~ I ~ ~I a 'I'~ a t U$v ~f~ f L' 10-~3-' 87 10:34 FBOM-I~ONJINGEF3 & ASSOC 7172416878 T-791 P001/0~11 F-971 ROMINGER ~ ASSOCIATES Attorneys at Law Karl P. Rominger Michael O. Palermo, Jr. October 3, 2007 V'YA Facsimile Only (71712406462 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RE: Dutxey v. Commonwealth Docket No.: 3394-2007 Dear Judge 01er: The above captioned case is scheduled for a license suspension appeal hearing at 9:30 p.m. on Wednesday, October 10, 2007. Please remove said hearing from the Courts calendar for a period of sit (6) months pending the appeal to the Superior Court which was filed on September 7, 20D7. I have contact George Kabusk, Esquire with PennDot and he concurs with this request. Thank you in advance far your time and attention to this matter. Should you have any questions, please do not h@sitate to contact the office. Sincerely, E. Rominger, Esquire KER/tlp cc: George Kabusk, Esquire (via facsimile only 717-705-1122) Michael Dutrey 155 South Hanover Street, Carlisle, nennsylvania 17013 • Tel; (7'17) 241-6070 • >~ax: (717) 241-6878 www.romingerlaw.com ADVOCACY ADVICE ~ ANSWERS r- MICHAEL G. DUTREY, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI A No. 07-3443 LICENSE SUSPENSION APPEAL XM r-:;m -<C7) -? - , :71- --r, C ?r= .;-c-- ca w:: PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw and discontinue the License Suspension Appeal filed on behalf of the Plaintiff in the above matter. Respectfully Submitted, Rominger & Associates Date: Karr E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff f MICHAEL G. DUTREY, Appellant vi. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3443 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Praecipe to Withdraw upon the following by depositing the same in the United States Mail, postage pre- paid, via first class mail, addressed as follows: George H. Kabusk, Esquire PennDOT - Office of Chief Counsel Riverfront Office Center 1101 South Front St., 3rd Floor Harrisburg, PA 17104-2516 Respectfully Submitted, Rominger & Associates Date: ILL14 "-Io it Karl ominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff