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Home My WebLink About04-0847LAWRENCE JOHN BACKSTROM Appellant COMMONWEALTH 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 APPEAL FROM flUSPEN~ION Oi* OPERATOR'~ PRMI,Ig. GE AND NOW, comes the Appellant, Lawrence John Backstrom, by and through his attomeys, the Law Offices of Patrick F. Lauer, Jr., Esquire, LLC, respectfully avers the following: 1. Appellant resides at 1011 State, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Appellant received a Notice dated February 24, 2004 that as a result of his alleged violation of Vehicle Code Section 1547, Chemical Test Refusal, his driving privileges were being suspended for a period of one year, effective suspension date March 30, 2004, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." 3. The Appellant submits that the police officer lacked a reasonable basis to request Appellant to submit to a chemical test. 4. The Appellant submits that he did not intelligently and voluntarily refuse to submit to a chemical test. 5. The Appellant submits his actions did not constitute a refusal. Wherefore, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 LAWRENCE JOHN BACKSTROM, Appellant COMMONWEALTH 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 2. 3. his client; 4. ATTORNEY VERIFICATION The undersigned, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: He is the attorney for the Appellant, Lawrence John Backstrom; He is authorized to make this verification on his behalf; The facts set forth in the foregoing Appeal are known to him and not necessarily to The facts set forth in the foregoing Appeal are tree and correct to the best of his knowledge, information and belief; 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: Respectfully submitted, LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 LAWRENCE JOHN BACKSTROM, Appellant COMMONWEALTH 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 ,qERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Camp Hill, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfrom Office Center Harrisburg, PA 17104 Date: Respect full:Lsubmitted, Camp Hill, Pennsylvania 17011-4706 1D# 84745 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 2q, EOOq LAWRENCE JOHN BACKSTROM 1011 STATE ST LEMOYNE PA 17043 WID ~ 040486194173098 001 PROCESSING DATE 02/17/2004 DRIVER LICENSE e 15966343 DATE OF BIRTH 08/05/1953 Dear MR. BACKSTROM: This is an Of;ftclal Notice of the Suspension of your Driving Privilege as authorized by Section 15q7 of the Pennsylvania Vehicle Code. As a result of your violation of Section 15q7 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 01/10/200~: Your driving privilege is SUSPENDED fop a pePtod of 1 YEAR(S) effective 03/30/2004 at 12:01 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a $1,000 fine AN your driving privilege will be suspended/revoked for a MINIMUM 1 year period 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 03/30/2004. You may surrender these items before, 05/30/200~, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER"S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 910.00. 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 eeceive cPedtt towaed serving any suspension until we Pecelve your license(s>. Complete the following steps to acknowledge this suspension. 0~0~8619~7~098 1. Return al! 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 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 P.O. ~o× 68695 Harrisburg, PA 1710&-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 $ 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)(~) 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 feet complete the following steps: 1. Return the enclosed ApPlication for Restoration. The amount due is listed on the application. 2. Nrite your driver's license number (listed on the f!rst page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. 0~0~8619~175098 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail date, FEBRUARY 24, 200~, of this letter, Zf you file an appeal tn the County Court, the Court w111 glve you a time-stamped certified cop~ of the appeaL. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mai! to: Pennsylvania Department of Transportation Off/ce of Chief Counsel Third Floor, Riverfront Office Center HarrisburB, PA 1710~-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return al/ current Pennsylvania driver license products to PennDOT by 05/$0/200~. Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing INFORMATION 7500 a.m. to 9:00 p,m. IN STATE 1-800-932o~600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB S[TE ADDRESS www.dot,state,pa,us 1-800-228-0676 717-391-6191 MAR 0 1 ~004 ~ LAWRENCE JOHN BACKSTROM Appellant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ,c~t - ~-~q e_~v,'/ ,~ COMMONWEALTH OF PENNSYLVANIA: PENNSYLVANIA DEPARTMENT : OF TRANSPORTATION, : LICENSE SUSPENSION BUREAU OF DRIVER LICENSING, : APPEAL Appellee : AND NOW, this "2~.~ ,_[ day of ~ ?.) ,c L 2004, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR, S PRIVILEGE, it is hereby Ordered that a Hearing on the matter shall be held on ,ink day of_Q2~.,~ 2004, at 7'',-.4~d o'clock a~,~m in Courtroom No. [ of the Cumberland County Courthouse. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: Distribution: -PA Dept. of Transportation, Office of Chief CotmseL Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 LAWRENCE JOHN BACKSTROM, : IN TI-l~i COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 04-847 COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, : Appellee Respectfully submitted: Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market Street, Camp 1-rtl, PA 17011 -Lawrence J. Backstrom, 1011 State Street, Lemoyne, PA 17043 -Judge Wesley Oler, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 LAWRENCE JOHN BACKSTROM, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-847 CIVIL TEPdVI ORDER OF COURT AND NOW, this 4th day of June, 2004, upon consideration ofAppellant's Praecipe To Withdraw Appeal of Operators License Suspension filed June 2, 2004, the hearing scheduled for June 2, 2004, is cancelled. George Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee Patrick F. Lauer, Jr., Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Appellant BY THE COURT, J./~eSley Oler,<j~ -- JY ;rc