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Home My WebLink About08-4843Bryan M. McQuillan, Esquire Attorney ID No. 87967 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Petitioner JEFFREY J. NOPHSKER : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY- PENNSYLVANIA V. NO: DZ's -Ale "1S.5 COMMONWEALTH OF PENNSYLVANIA : LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent TO THE HONORABLE JUDGES OF SAID COURT: LICENSE SUSPENSION APPEAL AND NOW, comes the Petitioner, Jeffrey J. Nophsker, by and through his attorney Bryan M. McQuillan of Mancke, Wagner, Spreha & McQuillan, who respectfully avers the following: 1. The Petitioner, Jeffrey J. Nophsker, is an adult individual residing at 1249 Rossmoyne Road, Mechanicsburg, Pennsylvania 17050. 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 19, 2008, the above-named Petitioner was found guilty of 75 Pa. C.S.A. §3802 (c) after a jury trial in this matter. 4. On or about May 19, 2008, the above-named Petitioner was found guilty of 75 Pa. C.S.A. §3802 (a)(1) by the Honorable Judge J. Wesley Oler, Jr. after a trial in this matter. 5. On or about August 11, 2008, the above-named Petitioner was sentenced at this docket by the Honorable J. Wesley Oler, Jr. (See Exhibit A) 6. On or about August 11, 2008, the above-named Petitioner surrendered his valid Pennsylvania driver's license number 23 560 340. 7. The above-named Petitioner believes such suspension is illegal, unjust and improper for reasons which include by are not limited to the following: a. there was no valid request to take a chemical test; b. there was no reasonable grounds to believe your Petitioner was operating a motor vehicle while under the influence of alcohol. WHEREFORE, Petitioner respectfully requests this Honorable Court to hold a hearing to determine the propriety of the driver's license suspension in this matter. Respectfully submitted, MANCKE, WAGNER, SPREHA & McQUILLAN MOOMWOU'illain, Esquire orney ID No. 87967 Attorney for Petitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: August 12, 2008 COMMONWEALTH : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA VS CHARGE: (1) DRIVING UNDER THE :INFLUENCE, GENERAL IMPAIRMENT 2ND MANDATORY (2) DRIVING UNDER THE INFLUENCE, HIGHEST RATE OF ALCOHOL, JEFFREY J. NOPHSKER : 2?D MANDATORY OTN: L382374-6 : CP-21-CR-0035-2008 IN RE: SENTENCE ORDER OF COURT AND NOW, this 11th day of August, 2008, the Defendant, Jeffrey J. Nophsker, now appearing in court with his privately-retained counsel, Bryan M. McQuillan, Esquire, and after being found guilty at No. 0035-2008 Criminal Term at Count 1 Driving under the Influence in the form of Driving after Imbibing, General Impairment, a second offense overall, a second offense for mandatory sentencing purposes and Count 2 , to Driving under the Influence in the form of Driving after Imbibing, Highest Rate of Alcohol (.164), a second offense overall, a second offense for mandatory sentencing purposes and a misdemeanor of the first degree, and the Court being in receipt of a presentence investigation report, upon which it relies, the sentence of the Court is as follows: The Defendant is sentenced to undergo a period of Intermediate Punishment for 60 months. Ninety days will be served in Restrictive Intermediate Punishment as follows: 1. The Defendant is committed to the Dauphin County Work Release Program for a period of 30 days. The Defendant shall comply with all rules of the Dauphin County Work Release Program. 2. Sixty days shall be served under written Cumberland County conditions for House Arrest and Electronic Monitoring. The Defendant shall report directly to the Cumberland County Adult Probation & Parole Office to be placed on the Electronic Monitoring Unit immediately following his release from the Dauphin County Work Release Program unless otherwise instructed by your probation officer. The Defendant shall comply with all rules of the Electronic Monitoring and House Arrest Program. The Defendant shall comply with the following Restorative Sanctions: 1. Pay the costs of prosecution. 2. Pay the costs of electronic monitoring. 3. Pay a fine of $1500, a CAT Fund Surcharge of $100, and a $10 EMS Service Fee. 4. Participate in and complete any recommended treatment. 5. Submit to random drug testing. This period of Intermediate Punishment is with supervision by the Cumberland County Probation Office and on the express condition that the Defendant be and remain on good behavior, and comply with all instructions and conditions of his Probation Officer. The Defendant shall report to the Dauphin County Work Release Program on f5TM Saturday, August 16, 2008 at 9 a.m. The Defendant shall be released from the Dauphin County Work Release Program on Monday, September 15, 2008 at 9 a.m. In addition, the Defendant shall attend and successfully complete the mandatory DUI school for multiple DUI offenders, and prior to obtaining his Pennsylvania operating privileges, the Defendant must complete any recommended treatment, and pay in full all costs, fines, fees, et cetera, associated with this case. The Court acknowledges that Count 1 will merge with Count 2 for sentencing purposes. By the Court, J. Wesley Oler, Jr., J. DISTRIBUTION: Clerk of Court John Dailey, ADA Bryan M. McQuillan, Esq. Probation Office IP Program Coordinator Drug & Alcohol Dauphin County Work Release C) --v z' UV u'' J r.: N ro n AUG 13 2008 JEFFREY J. NOPHSKER : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY- PENNSYLVANIA V. :NO. DS -'YBY? COMMONWEALTH OF PENNSYLVANIA : LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this day of ?+ S , 2008, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the / ?.eC day of 42Z:4, 200.7 , at = 30 o'clock in Courtroom I , Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of hearing. By the Court: Distribution: ,Aryan M. McQuillan, Esquire, 2233 North Front Street, Harrisburg, PA 17110 ,,Philip M. Bricknell, Esquire, Pennsylvania Department of Transportation Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 Street, 3rd Floor, Harrisburg, PA 17104-251E South Front ct, N JEFFREY J. NOPHSKER, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent 08-4843 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 17th day of October, 2008, upon consideration of the License Suspension Appeal filed in the above-captioned matter and pursuant to an agreement of counsel and Petitioner in open court, the hearing in this case is continued until Monday, February 2, 2009, at 1:30 p.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?Bryan M. McQuillan, Esquire L/ 2233 North Front Street Harrisburg, PA 17110 For the Petitioner vlooPhilip M. Bricknell, Esquire Office of Chief Counsel 1101 South Front Street- 3rd Floor Harrisburg, PA 17104-2516 For the Respondent pcb Corl'eg' enILCLL J. 10.1 Nd 33 100 8001 :31HI Jo JEFFREY J. NOPHSKER, Petitioner v COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4843 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: APPEAL WITHDRAWN ORDER OF COURT AND NOW, this 2nd day of February, 2009, upon consideration of the Petitioner's License Suspension Appeal, and pursuant to a relation of counsel in the person of Brian M. McQuillan, Esquire, on behalf of the Petitioner, that the Petitioner wishes to withdraw the above-captioned appeal, the License Suspension Appeal is deemed withdrawn. By the Court, /Bryan M. McQuillan, Esquire 2233 North Front Street Harrisburg, PA 17110 ?F Petitioner ? Phillip M. Bricknell, Esquire PA Department of Transportation Office of Chief Counsel 1101 South Front Street 3rd Floor Harrisburg, PA 17104-2516 For Respondent mae 0-CfEks MtFLL J./Wesley O r, J. I dy 9 -? 1 ? ? d ' 1.1_ •- ,, ? I..s.