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Home My WebLink About08-2115~/~, o~~ ~iis ~,'v,~t 1 erg IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAUL MICHEAL WALTERS v. PENNDOT APPLICATION TO WAIVE FEE Petitioner comes before this honorable court and respectfully request that said court waive all fees associated in filing attached Appeal of Drivers License Suspension and in support-of avers the following: 1. Petitioner was laid-off at his job Best Roofing on Trindle Road, Carlisle, Pa. 2. Petitioner cannot afford the filing fees associated with this appeal. 3. Petitioner has no cash, no assets and has not received any payments from his unemployment benefits as of yet. 4. Petitioner must file attached appeal by April 20th,2008. Wherefore, Petitioner prays that this Honorable Court waive all fees associated with filling this appeal to ensure due process rights of the petitioner. Respectfully Submitted, Paul icheal V~alters IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAUL MICHEAL WALTERS ~ ~ ~~~~ v. PENNDOT APPEAL OF DRIVERS LICENSE SUSPENSION Paul Micheal Walters, request that a hearing be held in regards to license suspension and request that the suspension of his Drivers License be stayed until a determination is made at the requested hearing. Whereas: 1. Mr. Walters received a "NOTICE OF SUSPENSION" dated march 20`" 2008 included as exhibit "A". 2. In said letter, it was noted that "as a result of your violation of section 1547 of the Vehicle Code, CHEMICAL BREATH TEST REFUSAL, his license would be suspended as of 12:01 a.m. 04/24/2008, pursuant to section 157B l I of the Pennsylvania Vehicle Code. 3. The pending suspension would be in effect for a period of 1 year from the effective date and time. 4. The pending suspension arising from an incident of alleged refusal to submit to a chemical test to determine blood alcohol level of a vehicle operator on 02/26/2008. 5. Mr. Walters contends he did not refuse the breath test and in fact that he was denied his right by the chemical testing operator to review form DL-26 commonly known as "Chemical Request Warnings and Report of Refusal Submit to Chemical Testing" included as exhibit "B". 6. As stated in the "officer note" among other things "You must still give the operator an opportunity to take the chemical test after reviewing the form. 7. Mr. Walters was not given an opportunity to submit to a chemical breath test after reviewing the D1-26 form; therefore the refusal was neither knowing nor conscious, but coerced by the booking agent. 8. Facts are as follows: Mr. Walters was reviewing the DL-26 form when the operator started the breath testing machine during and before Mr. Walters was able to review said form, during which time another agent in the booking facility distracted Mr. Walters by asking him intake questions in regards to his health. 9. After the agent finished questioning Mr. Walters, he returned to reviewing form DL-26 (it should also be noted by the court that Mr. Walters did not finish high school and that he has trouble reading fluently and comprehending what he is reading especially with distractions) during and before Mr. Walters could finish reviewing form DL-26 the breath testing machine stopped. At this time the breath testing operator stated that Mr. Walters refused the breath test. Mr. Walters stated that he was not refusing the test and in fact would submit to the breath test after he finished reviewing form DL-26 10. All of which is evidenced by the video taping of the breath testing procedure. WHEREFORE, Mr. Walters is respectfully requesting that this honorable court 1. Postpone license suspension of Mr. Walters pending the outcome of a hearing. 2. And a hearing be scheduled in regards to the appeal license suspension. Respectfully Submitted: aul Micheal Walters 430 S. Hanover St. Carlisle, Pa 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 20, 2008 PAUL MICHAEL WALTERS WID ~ 080736664535969 001 316 FAIRVIEW ST PROCESSING DATE D3/13/2OD8 DRIVER LICENSE * 24327017 CARLISLE PA 17013 DATE OF BIRTH 07/04/1979 Dear MR. WALTERS: - --- 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 02/26/2008: ^ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04~24~2008 at iZ: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 04/24/2008. You may surrender these items before, 04/24/2008, 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, --"m~rria~g~e-- c~rt#ficate," etc. ) in order "~to-" ob"t"ain-y"our 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: Pennsylvania Department of Transportation ~xh,b.+ r:~<< ut.•zete-eel CHEMICAL TESTING WARNINCaS AND 4EPOftT OF REFUSAL SUBMIT TO CHEMICAL TESTING AS AUTHORIZED BY e e OF THE VEHICLE CODE IN VIOLATION SECTION 3802 +~ (relating to driving under the influence of Alcohol or Controlled Substance) NAME f=trtsr MfODIE LAST 91de 1 SE•'t DATE OF BIRTH ADDRESS: A P.O. Bmr number may be used'n addMen b the acbW reatdence address. but grant be used ae Iha aNy addn>sa CITY STATt: ZIP CODE DRIVER NUMBER STATE CHEM TEST REQUEST DATE SOCIAL SECURITY NUMBER MONTH OAY YEAR ~ ~ r. Pleas~.be advt8ed that you are under arrest for driving under the influence of alcohol or controlled substance in violation of Section 3802 of th .Vehicle Code. 2. I am requesting that you submit to a chemical test of - (blood, breath or urine. Officer chooses the chemical test). 3. it is my duty as a police officer to inform you that if you refuse to submit to the chemical test, your operating privilege will be suspended for at least 12 months, and up to 18 months, 1f you have prior refusals or have been previously sentenced for driving under the influence. In addition, if you refuse to submit to the chemical test, and you are convicted of or plead to violating Section 3802 a 1 driving) of the Vehicle Code, because of your refusal, you will be subject to more severe penaRiesgset forth in 8eetion(3804(c) (re afntgrto men mum )off72 conaecut'vedhou satn ja leand of m nimum n e of ~1 000 O~up do arrm xiim m of iiveeyears in jail land al~maxilmum~tineeof 510,000. 4. It is also my duty as a ponce officer to inform you that you have no right to speak with an attorney or anyone else before deciding whether to to submit Ito lchemif:ai testing willlcon t t tells refusaorn esulfngyin the suspensloln of r oard od ehratin warntngs or remaining silent when asked sanctions if you are convicted of violating Section 3802(a) of the Vehicle Code. y p 9 privilege and other enhanced crimin ; r;na>` t nave READ the above warning to the operator regarding the st `e++-~-frl~etK4lnNv to s~~k i+ e ~ r r . - Signature of Officer: I have been advised of the above. Signature of Operator: Operator refused to sign, after being, advised. Signature of Officer: ova the Date: Date: Dots: AFFIDAVIT 1. The above operator was placed under arrest for driving under the influence of alcohol or a controlled substance in violation of Section 3802. of the Vehicle Code, and there were reasonable grounds to believe that the above operator had been driving, operating or in actual physical control of the movement of a vehicle while in violation of Section 3802. 2. The above operator was requested to submit to chemical testing as authorized by Section 1547 of the Vehicle Code. 3. The above operator was read by a police officer of the chemical test warnings contained in paragraph 3 and 4 above. 4. The above named operator refused to submit to chemical testing after having been read the above warntngs. OFFICER NOT • Ths refusal to sign this form is not a refusal to submit to the chemical test. You must still give the operator an opportunity to take the chemical test after reviewing this farm. If the Individual was operating a commercial motor vehicle while having any alcohol or a controlled substance in their system, you must also complete the reverse side of this form. 1 eerNfy that all information given in this form is true and correct. Officer Signature: Officer Name: (Type or Print) Badge Number: Mailing Address Jurisdiction: Phone: ( ) PLEASE LIST NAME, BADGE NUMBER, AND PHONE NUMBER OF ARRESTING OFFICER IF NOT THE SAME OFFICER WHO WITNESSED THE REFUSAL: Forward to: Department of Transportation Note: Any pertinent facts not covered by the affidavit should be submitted on a Bureau of Driver Licensing separate sheet and attached hereto. That sheet should include the names of P'D• Acy 6007' additional witnesses necessary to prove the elements tc which you have at- Harrisburg, PA 1 7 1 06-003 7 tested. Ttii5 iFOfdlUl MAY BE DUPt_ICATia3 ADOlT' A7AL SUPPLIES OF THIS FORM MAY BE SECURED BY COMPLETING FORM OS•511A ~'a(ht b a ~ It~ tc C"? ~-a 7 s;~„a _i 1 ~.' +v+. ~. --i ~ ^~ ! , rv , - „~ c .~ c..'-; =;c