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Home My WebLink About07-7699OM c' I& C?.iATTLILAKIS John A. Abom, Esquire Attorney I.D. No.: 77961 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS' LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA /l,,. 0 7- `76 q % C4?,d- ??... v. JASON A. BOOZ, APPELLANT Driver License No.: 26656527 NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this l day of December, 20075 the Defendant, Jason A. Booz, by and through his attorney, John A. Abom, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Jason A. Booz, is an adult individual who currently resides at 9956 Possum Hollow Road, Shippensburg, PA 17257. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. It has been alleged that Appellant violated § 1547 of the Vehicle Code on or about November 9, 2007. 4. Appellant denies that he violated 5 1547 of the Vehicle Code. 5. By letter dated November 26, 2007, Appellee notified Appellant that his driving privilege would be suspended for a period of one (1) year effective December 31, 2007. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". 6. Appellant denies that the Appellee is authorized to suspend his driving privileges. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Respectfully submitted, ABOM & Ku7vLAK s, LLP DAB la 1CP Carlisle, PA 17013 (717) 249-0900 ID No. 77961 36 S. Hanover Street COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 26, 2007 JASON ALLEN BOOZ WID # 073236117273462 001 9956 POSSUM HOLLOW ROAD PROCESSING DATE 11/19/2007 DRIVER LICENSE # 26656527 SHIPPENSBURG PA 17257 DATE OF BIRTH 01/10/1984 Dear MR. BOOZ: 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 11/09/2007: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 12/31/2007 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 (camera cards) in your possession on or before 12/31/2007. You may surrender these items before, 12/31/2007, 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) forms of proper iden- tification (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 you do not have any of these items, send a sworn nota- rized 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: Pennsvlvania Department of Transportation 073236117273462 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 con- firming the date that credit began. If you do not re- ceive 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 pro- ducts, 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, NOVEMBER 26, 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 certi- fied 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 NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 12/31/2007. 073236117273462 Sincerely, 9?Lu ?-- - z g Ok) Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. IN 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 CERTIFICATE OF SERVICE I, Emily J. Filiberti, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, R.iverfront Office Center Harrisburg, PA 17104-2516 ABOM & KuTuLAK s, LLP k DATE 2 Z { 6 Emily J. F' erti -cm INS ,. CYJ'r ` 0 DEC 2 6 2007 COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE he.69- 76 gq Ce-,--/ 7Z V. Driver License No.: 26656527 JASON A. BOOZ, APPELLANT ORDER upon consideration of the AND NOW, this O day of I .200 1 Appellant's Notice of Appeal of License Suspension, a Hearing is set for the y/^/-Mday of 200 -L, at J 3y AM/PM, in Courtroom # ol-, of the Cumberland County Courthouse. driving privilege FURTHERMORE, Appellee is hereby ordered to reinstate Appell supersedeas pursuant to Title 75 Pa. C.S. §1550(b) BY J- John A. Abom, Esquire 36 South Hanover Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ?i C v I;E's rnC41 c L r co M t? co l cn F tai uj 0 ? ? COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING V. JASON A. BOOZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 07-7699 CIVIL TERM ORDER OF COURT AND NOW, this 2 day of March, 2008, following a hearing, and finding that petitioner was arrested for driving under the influence, read Implied Consent warnings, and failed to produce two consecutive actual breath tests on an Intoxilyzer 5000 EN3 within a testing cycle, his appeal from the suspension of his driving privilege for one year pursuant to the Vehicle Code at 75 Pa.C.S. Section 1547(b)(1)(ii), IS DISMISSED. eorge H. Kabusk, Esquire For the Department of Transportation c hn A. Abom, Esquire For Petitioner I /o :sal Edgar B. Bayley, J. >- (7% d :D< ` F? +KZ `3 - L 5 Cl d Q Q cv