The URL can be used to link to this page

Home My WebLink About07-6866In the Court of Common Pleas Of Cumberland County, Pennsylvania Commonwealth of Pennsylvania : No. 6 7 , ? 8'6 1.0 C-w ; I Civil Action-Law V. Jesse P. Culley Petitioner Appeal from Drivers License Suspension Appeal From Suspension of Operating Privileges And now comes the Petitioner, Jesse P. Culley, and respectfully represents as follows in support of this Petition: 1. On or about June 28, 2007, Petitioner received a notice from Penn. DOT, that effective June 28, 2007, a 60 day suspension was in effect for a violation on February 11, 2007, Conviction Date June 13, 2007. I complied with this suspension. 2. On or about August 17, 2007, the Petitioner received another letter that an additional 25 days of suspension was being added effective August 6, 2007 for a violation May 4, 2007. 3. Upon restoration of my driving privileges after serving the suspension, Petitioner received a hearing notice from PennDOT due to the aforementioned violations . A hearing was held on October 5, 2007. The hearing examiner, Mike Vitti informed Petitioner at this hearing that in July 2007, someone from PennDOT rebuilt Petioners driving record and erased the fact I served a 60 day suspension for the violation, they only have a 20 day on record. 4. As a result of the hearing, Petitioner received a letter from PennDOT on or about October 17, 2007, that an additional 15 day suspension was being imposed. The hearing was held for violations the Petitioner already served a suspension. This suspension is the subject of this appeal. 5. Additional suspension for the same violations will create further hardship. WHEREFORE, Petitioner, Jesse P. Culley, based on the foregoing representations, respectfully requests that this Honorable Court grant a hearing to determine the status of the operator license suspension, and enter a Supersedeus until such time as a hearing can be held. Respectfully Submitted: 14e I C&II- Jesse P. Cull y, Petiti r 6977 Wertzville Rd. Enola, PA 17025 (717)691-8332 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 17, 2007 JESSE P CULLEY WID # 072836543175806 002 6977 WERTZVILLE RD PROCESSING DATE 10/10/2007 DRIVER LICENSE # 27845426 ENOLA PA 17025 DATE OF BIRTH 04/29/1987 Dear MR. CULLEY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1538 of the Pennsylvania Vehicle Code. As a result of your departmental hearing: ¦ Your driving privilege is SUSPENDED for a period of 15 DAY(S) effective 11/21/2007 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 and PAYING THE RESTORATION FEE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 11/21/2007. You may surrender these items before, 11/21/2007, for earlier credit; howev_er,? 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 $10.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not 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 r- ? 072836543175806 you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your 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: Pennsylvania Department of Transportation Bureau of Driver Licensing B.ax _6.8.693 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(x)(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: 3??e ._?Pplication-for.. estoration 'Y 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. ?- f . 1 072836543175806 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 17, 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 Transportation Office of Chief Counsel T h-i r d F l o or ,_-- R i -v a r--f r o p# _ 0#-# i-c e___C_e.n t o -- -- Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/21/2007. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 .m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 1 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us CERTIFICATE OF SERVICE I, Jesse P. Culley hereby certify that on the 13th Day of November, 2007, I served a copy of the foregoing document by depositing such into the custody of the United States Postal Service, first class mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Jesse P. Culley ca ? o n~? ca r;; d1 A t4- In the Court of Common Pleas d' Of Cumberland County, Pennsylvania NOV Y 200],gr?) Commonwealth of Pennsylvania V. Jesse P. Culley Petitioner No. 4 7 - 14 e-616 L) J) I ? .y?, Civil Action-Law : Appeal from Drivers : License Suspension ORDER OF COURT AND NOW, this day of _' 1,f?`(/y?v?( 2007, in the foregoing Appeal From License Suspension, a hearing is granted to determine whether petitioner is subject to suspension Of his automobile operator license. This appeal shall act as a supersedeus to the suspension. Thirty (30) days written notice is to be given to the Secretary of the Department of Transportation, Commonwealth of Pennsylvania. A hearing will be held on the 13ilk day of 2001, at 1 D = qU a.m./p,. In Court Room Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Distribution: Clerk of Courts nnsylvania Department of Transportation Petitionerald's'se P. Culley, 6977 Wertzville Rd, Enola, PA. 17025 aC M ,- uD h, w ? cr- 13- cz 0 ° V c r? 1P JESSE P. CULLEY, IN THE COURT OF COMMON PLEAS OF PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT :07-6866 CIVIL TERM IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE ORDER OF COURT AND NOW, this 2ZOL'\ day of February, 2008, the within appeal from the suspension of a driving privilege for fifteen days, IS DISMISSED. Edgar B. Bayley, J. ). /George Kabusk, Esquire For the Department of Transportation /Jesse P. Culley, Pro se 6977 Wertzville Road Enola, PA 17025 sal (2oPl Es mc7t tcc ( a/ ;L 708 trKr? By the C , C-?d JESSE P. CULLEY, IN THE COURT OF COMMON PLEAS OF PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT :07-6866 CIVIL TERM IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE OPINION AND ORDER OF COURT Bayley, J., February 26, 2008:-- Jesse P. Culley filed this appeal from PennDOT's suspension of his driving privilege. A hearing was conducted on February 13, 2008. Culley's driving record shows that after a conviction on June 13, 2007, for exceeding maximum speed limits on February 11, 2007, his driving privilege was suspended, pursuant to Section 1544 of the Vehicle Code based on his accumulation of points, for sixty days effective June 28, 2007.' His driving privilege was restored on August 31, 2007. After a conviction on June 29, 2007, for speeding 101 miles per hour in a 65 mile per hour zone on May 4, 2007, his driving privilege was suspended, pursuant to Section 1544 based on his accumulation of points, for twenty-five days effective September 5, 2007. No appeal was filed from either of these suspensions. For the same speeding violation committed Section 1544(a) of the Vehicle Code provides: Additional point accumulation.-When any person's record shows an accumulation of additional points during a period of suspension or revocation, the department shall extend the existing period of suspension or revocation at the rate of five days for each additional point and the person shall be so notified in writing. 07-6866 CIVIL TERM on May 4, 2007, following a departmental hearing Culley's driving privilege was suspended pursuant to Section 1538 of the Vehicle Code for fifteen days effective November 21, 2007. On November 13, 2007, Culley filed this timely appeal in which he claims that this fifteen day suspension is imposed for violations for which he has already served a suspension. Section 1538(d) of the Vehicle Code, titled "Conviction for excessive speeding," provides: (1) When any person is convicted of driving 31 miles per hour or more in excess of the speed limit, the department shall require the person to attend a departmental hearing. The hearing examiner may recommend one or more of the following. (i) That the person be required to attend a driver improvement school. (ii) That the person undergo an examination as provided for in section 1508. (iii) That the person have his driver's license suspended for a period not exceeding 15 days. (2) The department shall effect at least one of the sanctions but may not increase any suspension beyond 15 days. (Emphasis added.) Culley's fifteen day suspension under Section 1538(d) which resulted from his conviction on May 4, 2007 for speeding 101 miles per hour in a 65 mile per hour zone, which was thirty-six miles per hour over the speed limit, triggered the fifteen day suspension for excessive speeding under Section 1538(d)(1)(iii) of the Vehicle Code. The fact that the speeding conviction also triggered the twenty-five day suspension based on his accumulation of points does not vitiate the additional Section 1538 -2- . • 07-6866 CIVIL TERM suspension for excessive speeding! Compare Staib v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Bureau of Driving Licensing, 123 Pa. Commw. 410 (1989). Therefore, the following order is entered. ORDER OF COURT AND NOW, this day of February, 2008, the within appeal from the suspension of a driving privilege for fifteen days, IS DISMISSED. By the C Edgar B. Bayley, J. George Kabusk, Esquire For the Department of Transportation Jesse P. Culley, Pro se 6977 Wertzville Road Enola, PA 17025 :sal z Culley's driving record shows a date of birth of April 29, 1987, which makes him 21 years old. This is his fifth conviction for speeding. -3-