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Home My WebLink About07-3472 SAMUEL E. KING, 1N THE COURT OF COMMON PLEAS Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA .~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes the Petitioner, Samuel E. King, by and through his attorney, Bryan M. McQuillan of Mancke, Wagner, Spreha & McQuillan, who respectfully avers the following: 1. The Petitioner, Samuel E. King, is an adult individual residing at 20 North 15tH Street, Harrisburg, Pennsylvania 17103. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about May 16, 2007, the above named Petfioner received an Official Notice of Suspension from the Department of Transportation, indicating that his driving privilege was being suspended for a period of one year as a result of an alleged violation of 75 Pa.C.S.A. §1547. (See Exhibit A). 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. There was no valid request to take a chemical test; b. There was no valid opportunity to take a chemical test; c. There was no valid refusal to take a chemical test; d. The Petitioner was not properly advised of any rights or was misled concerning any rights and/or consequences of any alleged refusal; e. There was no conscious knowing and/or intelligent refusal; f. There were no reasonable grounds to believe your Petitionerwas operating a motorvehiclewhile underthe influence of alcohol. WHEREFORE, Petitioner respectfully requests this Honorable Court to schedule a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER, SPREHA & McQUILLAN ~fydrf M.~IVIcQuillan, Esq. Attorney iD No. 87967 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: June 13, 2007 C~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 16, 2007 SAMUEL E KING WID # 071296663421849 001 20 N 15TH ST PROCESSING DATE 05/09/2007 DRIVER LICENSE # 24890940 HARRISBURG PA 17103 DATE OF BIRTH 08/30/1977 Dear MR. KING: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 04/20/2007: ^ Yaur driving privilege is SUSPENDED for a period ofi 1 YEARtS) efifective 06/20/2007 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses Ccamera cards) in your possession on or before 06/20/2007. You may surrender these items before, 06/20/2007, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 510.00. You must present two (2) farms of proper identification Ce.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will nat receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of Yaur driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: a EXHIBIT a J v 071296663421849 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. 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 on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 16, 2007, of this letter. Ifi you file an appeal in the County Court, the Court will give you a time-stamped certifi led copy ofi 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 Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NQTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 06/20/2007. 071296663421849 Sincerely, ~~~ Janet L. Dolan, Director Bureau of Driver Licensing INFQRMATION 8:00 a.m. to 6:00 p.m. T_N STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us .p W ~O '~ r L 1/'. UY ~ ~ C~ ` __., n ; _ r; . c _ - ' r ~j .. - -i ..~ dUN 87 2007/y' ~ ~. SAMUEL E. KING, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. n _' NO. ~ 7- 3 y 7~ ~-~-t ~,e..... COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this i~ day of , 2007, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the I ~ day of 2007, at 130 o'clock in Courtroom ~- ,Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petfioner's attorney at least sixty days prior to the date of the hearing. Distribution: Bryan M. McQuillan, Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, ,; ~~~''~ 1101 South Front Street, 3`~ Floor, Harrisburg, PA 17104-2516 .~, ~D _ D 7 n a r . ! _ , c: w - - . <~~- ~1_ ..... _~Y x ) _ _ `„, Q : ~~ C:.~ --- ~- Lk1 ~- ~ -~ tL1 ~ ; ~ t_i~, Ls.. ~ _ ..~ _..t C;.. d N L~ SAMUEL E. KING, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Respondent N0. 07-3472 CIVIL TERM ORDER OF COURT AND NOW, this lst day of October, 2007, the appeal from the suspension of petitioner's license for failure to take a test of his blood alcohol content, IS DISMISSED. ~? By the Court, ,= ,' Edgar ayley, J. George H. Kabusk, Esquire ~ j / For the Department of Transportation p~i£S m 7t Bryan M. McQuillan, Esquire /t~/~l'~d7 For Petitioner prs >- r~ ;~ --- ~~ .. t ~~t C, : .""` ~S: `'.. ~1;; ~_~ f°°- ~ ~ ~ ~~ E- ~ - i- l~ r- -- --) C:3 ~ ) ..~ C~.: