HomeMy WebLinkAbout08-5179IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Appeal of Carl Gordon Boyer from
a Determination by the Pennsylvania Dept.
of Transportation Recalling
the Petitioner's Driving Privilege
Civil Action-Law
No. of 2008
)Appeal from Gov't Action
PETITION TO APPEAL PENNDOT DETERMINATION OF
INCOMPETENCY MADE UNDER SECTION 1519 (c) OF THE
PENNSYLVANIA VEHICLE CODE
AND NOW COMES your petitioner who, through his counsel and
pursuant to the Vehicle Code 75 Pa. C.S.A Section 1550 (a), files this appeal
from a determination of incompetency by the Pennsylvania Department of
Transportation (attached hereto as Exhibit A) thereby resulting in the recall
of his driving privilege pursuant to 75 Pa. C.S.A. Section 1519 (c).
1. Your petitioner, Carl Gordon Boyer, is an adult individual residing at
905 Loring Lane, Mechanicsburg, Cumberland County, Pennsylvania
17055.
2. This Court has jurisdiction to hear an appeal in this case pursuant to
75 Pa. C.S.A. Section 1550 (a) and 42 Pa. C.S.A. Section 933 (a) (1)
(ii).
3. Your petitioner runs his own geologic consulting services business
from his home office in Mechanicsburg.
4. Your petitioner was duly licensed to operate a motor vehicle by the
Commonwealth of Pennsylvania, with driver's license number
15383137.
5. Your petitioner has, in compliance with a departmental directive,
surrendered his license to the Pennsylvania Department of
Transportation (PennDOT).
6. Your petitioner has been safely operating vehicles in Pennsylvania
since approximately 1967 and has never had a serious accident or
more than one traffic ticket in all of this time.
7. Since 1994, your petitioner has had a diabetic condition that requires
the use of various medications to control blood sugar levels.
8. For approximately the last three years, your petitioner has used insulin
medication to effect this control.
9. Throughout his term of dealing with this illness, including this three
year period of regular insulin use, your petitioner never experienced a
hypoglycemia unawareness incident until the event that occurred on
May 11, 2008.
1 O.Ju' t prior to the May 11, 2008 event, at his physician's instruction,
your petitioner began daily use of two different types of insulin to
2
manage his blood sugar levels, a daily, slow response (long term) and
another, faster acting variety.
11. On the morning of May 11, 2008, your petitioner administered to
himself the long term insulin medication.
12.About two hours after administering this long term insulin medication,
your petitioner measured his blood sugar level at about 186.
13.Your petitioner also takes another medication known as prednisone, a
steroid type medication.
14. One of the common side-effects of prednisone is that it causes highly
elevated blood sugar levels and, judging from past experience with the
use of this medication wherein your petitioner's blood sugar levels
would tend to peak as high as the 400-500 level by early afternoon, it
was your petitioner's reasonable expectation that his blood sugar level
was on its way up and that he should therefore administer to himself a
short term insulin medication to offset the expected rise from both the
effects of the prednisone and a planned lunch meal.
15.Because use of this medication in conjunction with the long term
insulin was new, your petitioner was not yet completely familiar or
knowledgeable about the combined potency and effectiveness.
16. Your petitioner administered a short term dose of insulin medication
and proceeded to visit his mother at a Carlisle nursing home.
17. While in the course of his visit, your petitioner began to experience
some dizziness and other symptoms common to a low blood sugar
condition, and realized that the combined effect of the long term and
short term insulin doses that he had taken was having more of an
effect than he anticipated.
18.Your petitioner then cut short his visit to his mother and headed for a
nearby fast-food restaurant to obtain some food to boost his blood
sugar level and offset this unexpected effect.
19.Your petitioner ate the food from the restaurant and, believing that the
low blood sugar effects of the insulin medication would quickly be
reversed, proceeded back toward his home in Mechanicsburg.
20. Due to lack of knowledge and experience with the potential potency
of the combined insulin medications that he had taken that morning,
and not knowing the status of his blood sugar level at that immediate
time, your petitioner inadvertently misjudged the impact of the
combined effects of the new long term insulin medication and the
short term insulin medication.
4
21.Despite his consumption of the food, your petitioner's blood sugar
dropped to a very low level, resulting in an episode of hypoglycemia
unawareness that caused him to briefly black out and to drive his car
off the side of the road against a road sign near the intersection of PA
Rt. 581 and Carlisle Pike in Hampden Township, Cumberland
County, Pennsylvania.
22. In compliance with a letter sent to your petitioner by the
Pennsylvania Dept. of Transportation on June 13, 2008 (Exhibit B),
your petitioner's treating physician Dr. Robert W. Hamilton
completed a Diabetic Form (See attachment to Exhibit A) in which he
reported the episode of hypoglycemia unawareness on May 11, 2008,
but also noted that this single episode resulting from an inadvertent
misjudgment about the effects of a new medication, would not affect
your petitioner's ability to safely operate a motor vehicle.
23. Despite Dr. Hamilton's conclusions regarding the ability of your
petitioner to operate a motor vehicle, PennDOT made a determination
of incompetency under Section 1519 (c) of the Vehicle Code on
August 1, 2008 and ordered the recall your petitioner's driving
privileges, effective August 22, 2008..
24.Your petitioner notes that PennDOT's determination was issued
almost three months after the hypoglycemia incident of May 11, 2008,
during which interim time your petitioner continued to operate his
vehicle safely and without further incident of any kind.
25.Your petitioner attaches an affidavit from Dr. Hamilton (Exhibit C)
further explaining why this single, isolated event will not affect your
petitioner's ability to safely operate a motor vehicle in the future.
Prayer for Relief
WHEREFORE your petitioner requests this Honorable Court to reverse
the determination of incompetency rendered by PennDOT on August 1,
2008 and restore full operating privileges to the petitioner.
;ch ect y su mitte
c i
Date:
ard A . Cairo
Attorney for Petitioner
Attorney No. 27733
1204 Chelsen Cross
Mechanicsburg, PA 17050
717-731-9997
717-802-1827 - Cell
susquyna,comcast.net
6
Verification
I verify that the statements made in this petition for appeal are true
and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. §4904 relating to unworn falsification to authorities.
1? 00,11"
Carl Gordon Boyer, itioner
Date:,Zl
We have received medical information indicating that you have a Diabetic condition which
preventF, you from safely operating a motor vehicle.
As of 11112 f20Q8; you may no longer drive. YOW 4rwi?g privilege is hereby reeled
indefinitely as mandated ley Section 1519(£) of the Vehicle Cgile;
This decision has been maw by cow. pamg your medical condition .th the s aewds
reeo ended by ourMe4i0AI Advisor y Board axed cap d by tW Department. 'Tbi action Will
t>etnati in effect until. we riaceivo medical i.nfsx matiesn that your condition has improved and you
are able to safely operate a motor vehicle.
in order to damply with this action, you must rom.all correht Pie insylvah a dr%yet's licenses,
learner`s permits, temporary driver's licenses ( era cards) in your possession an or before the
effective date listed above. If you cam of om*,Witl'i the ?qutremenis s#attetf_?bnve, asvvom:
affidavit stating that you are aware of the sanction against your driving privilege gust l
submitted. When the Department receives your license or affidavit, we will send you a rweipt.
If you do not return all current driver license products, lve must refer this matter to the
Penn?ylvania State Police for prosecution under SECTION 1571 {a} (4) of the Pennsylvania
Vehicle Coder
YOU MAY NOT RETAIN YOUR. RWEWS- LICENSE FOR IDFNTIF CA TION
PURPOSES- However, you may apply faor d ob . am_ a photo identification card at any Drive
License Cwter. You must present two (2) foams of proper idenfifcatitiu l c.g_; birth certifies,
valid U.S. passp?tt; ntarriege c ificate, etc.) in ctm.er to obtain your photo identification carts:.
You have the right to appeal to the Court of Common fleas ('Civil Division) within thirty (30)
da<y4 of the mail daft of this notice. If you file an appeal in the County Court, the Count will give
} can a: time-stamped certifeci cop}° €rf` the app at, 1n order for your appeal to be va,1 you must'
send this time-stamped py dithe appeal by ramified retail to:
KE&SE'T"E M MUNT M. BLUE, O BLACKIKK A" WFORMATK?i FRS nl t ?s ttcr t ? ?aef i.r: rr?
rs€7. Rms ffN3fl82 • -ia*r'+€g, P#? f't?tr?8?
rain 7EC7-QAEi2
PATIENT INFORMATt?t
DSir#f fr'S LfC E rtr4: LAV ikAlsA?{Sl JR. E.'EG RR3T NAM
15383137 00YER CARL
KIONT SEX FF C[2 -DR DATE OF BttT? , ?€t E€+NEN FtUfv48E33
Tz?Y>1-w`aE ., y M i+ i y sa : T any
STRE€TA&7DRESS: P.O. BDx numb&r et ky by need in SSit 4h: lho a''B^i re", WXcannot De useG at ;he- ur y *Jdress.
G:TY ?a ? T .CEP CC36S?
't. 140w long have you been treating to patient? 1 Years ___ A+ opths?
2- D:? yuw tro-af lh,; pailen', rn1 a loqui,r tz i fey (v:?
1 Has the patient been diagnc*ed as !laving diabeTas? ...:... ........ .... .. .....:...... ........ .... ...... .... J No
.;. Is the pat' nt teing 'rea. With n*4-'caiion?..::......... _:_ ... >ES _j NC
Ll Orat 4gent?, 'u ? fts# insulto
5. Has the pa ill ever ha a sevote hypt?ly?. le c'e tiori air am e?SWe of St?? ?'yiytt rrFtsfs u{;a???^r? ?? ??s ? NO
if yes, date of last episode.:_._ .Y _ ? . ? _
6. Has the paWnt ever had'a symptomatic hypesr?" .reaction that try
a madical standpoint could wed Nstb rr a? ar to safety operate. a motor vehicle? .. , t. .......... D yes
?' ,ire the r s.rrits of the HbA1C f
8. s t#?e lratieterntor f:kr glss teef inetil3?.- _ ... 'tis. .""' P?.a
if yes. how of?t?^ ? ?-?1 ?+.?? £?Y what:rn?t??d7? . ? .
w
g. Wfhat were the results o1 Vie diabetic examination performed today?
'???14 YlSt`a f?ft? YL tl rMw_. `.S .itG __ err C't?`'.'7::_._ _ °?x''
isrv:45r[Ei cu Ft?tLs Cc'3 cC'€? ?rt.?-£t 1tFL?
R ?0 7!t L ?U B 1 c 'y S+GHT fa 2D` a.7 L 20.' U7
1 b. W you consider the patient's diabetes well-cAntrolled'? , . ..:... ....... ..... ... .:..... Yes ?c
? s. 1.1«x'.., kl?u': <c3€t'.;j' t ilave ar? r` Y eTV'Lmd mun"3 s3i J+"seas "?rt44 Tt rrttvy ,- ?..
affect h s,"ar ability to safety operate a motor vahic(e? .. ............ ..........:.................................... . J Y" to No
Mt Y-ss= typ ?: '. ??x 1? ? ? - '? ? ?? t ?"? .??..x`'t t ? t- : xi lra .. ?, i'
2. Blood pre4ssur m ? . ? 13: BSFt 1 ? ? _? ?. _, -s? shy
... ..
PRC3VIDER INFORMATION (Please print or ?}
i tbU>"r' ...'t'oc- *.'et: '? ,... G,.:t1rstf 6ifj fr,;nt [ti ?CUB n^.VS E:Gt? ,I: ,? :`k? t<a ,'. 4'ty a ,{??P.'2 .fGFr?;:^,r -r .? gib.,: -?+: , e: .,;;_=?, >?''t?n: x:, i'?r?;r.1#ir#
are made l?ub tie »enattie> of S R d ? 3- "904 lvasann5 tD urr?wom tat&hCalioil in authGfihxsl
?E[?t'RttF?'@ ?F9tL
P atd7 r?° ?fAME iif JAITY SlME €'-NSE I
S T REE I A? DBL- is
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rttr 17
E"`QN1'1%IO;ri WEALT:H OF pF?r4NwS4'L'4 ANI.A.
DEPARTMENT OF TRANSPORTATION
Bureau of Inver Licensing
Niaa Date. 6113,12008
905 L OR IN
G LANE
MCS
Dear dlr. CARL GORDO BOYER:
l'?(t1;?ii t3f}kl ,5t.?tTfSttFfi3 CL`? the ?.? ?'ilTiIliiFl? 1AC?3Cs3iC3 tha you rn'IN 12;3Ve 3 That
could affect/limit your ability to•drive. fn ord r to determine ri you meet €he Deparimeni's
-
ji?G. iL..a >'lt37l tai C[rS?.'?. .'.'I' .?ah°1v_rTI E., t ... n.- cv"art' h i Vi"u Ul;i.l rw{ :t'?,t<'c :` ?li!}i.?1r ?>' P P, . 4 on"
the results of this examination, you may be required to bags an additional mc,?dira; ck ait:cation
arid./ tate a driver's test,
The enclosed form(s) must be CoMpleted by your hcaith carp: provider and resumed to th Buruau
of Driver ilkCvztrl t 1'3a4'c i-ili,io5- d n:sti;-c urcai -u rSs.ti € `f1'
tt y "9::i ft,1 :7 ?;1t ?itr with ibis reclu st Wid-an A0 days fror. e the d car, (if Ci?i=, ?uft?t, ge"es"{' drlVirk
privilege will he suspended.
Ifyc- have any cluesdons, plea contact the kledical Unit- at (717) 79 - 664 betwe, n tare hours
of 800 a.rr,-. and 4 15 P.M
Janet. L Wan, Director
P3UTCatt of Driv r ' iCn' iri
Drri .,er 1 icense 151931,37
hncioi111-0: L-12.2. Diabmic t t311T1;
?f"(leil It S tl liC? t , Con-'plcl d rT-rs ? a'', k faxed to the NM ,? cu I. UYi4€ at 717-705 -70: -4415
.AUG-27-2009 12:31 PM DR.R.HAMILTON 717 533 7040 P.01
t
' ROBERT W. HAMILTON, M.D.
c
' 721P P11WHOU 1N RQAO
HERSHEY. PENNQYLVANIA 17033
(7171533-4941
lwrff ?NAL 10am Na HEMATOLOGY-MEDICAL ON .4>LOGY
Affidavit of Doctor Robert W. Hamilton, M,Dt
AND NOW, this twenty-sixth day of August, 2008, comes Dr. Robert ?'.
'Hamilton, M.D., who deposes and says as follows, to wit:
1. That I am the treating physician for Mr. Carl 43. Boyer with raspecl.
to his diabetic condition and that I have been treating him f;r a
period of at least two years.
i 2. That I em familiar with the episode of hypoglycomia unawareness
that occurred on May 11, 2008.
3. Given my knowledge of his condition, I can state the following points
with rospect to his continuing fitness and ability to safely 5pere:
a vehicle:
Mr. Boyer has insulin-dependent diabetes mellitus, and is also tak:-.ag
{
Prednisone for a musculo-skeletal disorder as well. 17he Prediimono
has made managing his diabetes mellitus more difficult, and we have
been trying to improve diabetic control by using increasing doses if
long-acting insulin. It is my understanding that on May 11, 2008,1113
administered some shorter acting insulin and then travoled in his car
without eating anything. This was a mistake, as the short acting
insulin drove his blood sugar down below the safe level, and he waf;
actually driving for a while with a very low blood sugar. The pol..,.e
stopped him.
That episode was clearly related to an insulin reaction, and Mr. Njyer
a now undersands that he must have something to eat after administer uig
' such short acting insulin as Humalog. Mr. Boyer has not experienced
r any more of these very low blood sugars, anti his driving privileges
should not he suspended for such an event. Mr. Boyar did not have
a seizure.
I verify that the statements made in this affidavit are true and rorre:t.
I understand that false statements herein are subJect to the penalties of
18 Pa.C.S. #149(+ relating to unsworn falsification to authorities,
August 26, 2101 --??`
Robert W. Hamilr.on, M.D.
co y _
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Appeal of Carl Gordon Boyer from
a Determination by the Pennsylvania Dept.
of Transportation Recalling
the Petitioner's Driving Privilege
Civil Action-Law
No. S of 2008
)Request for Supersedeas,
PETITION REQUESTING A SUPERSEDEAS
UNDER SECTION 1550 (b) OF THE VEHICLE CODE
AND NOW COMES your petitioner who, through his counsel and
pursuant to the Pennsylvania Vehicle Code, 75 Pa. C.S.A Section 1550 (b),
files this petition requesting a supersedeas from a determination of
incompetency by the Pennsylvania Department of Transportation (Exhibit
A), resulting in the recall of his driving privilege pursuant to 75 Pa. C.S.A.
Section 1519 (c), effective August 22, 2008. This petition is filed as a
companion pleading to a Petition to Appeal PennDOT Determination Made
Under Section 1519 (c) of the Vehicle Code.
1. Your petitioner, Carl Gordon Boyer, is an adult individual residing at
905 Loring Lane, Mechanicsburg, Cumberland County, Pennsylvania
17055.
2. This Court has jurisdiction to issue a supersedeas in this case pursuant
to 75 Pa. C.S.A. Section 1550 (b) and 42 Pa. C.S.A. Section 933 (a)
(1) (ii).
3. Your petitioner runs his own geologic consulting services business
from his home office in Mechanicsburg.
4. Your petitioner was duly licensed to operate a motor vehicle by the
Commonwealth of Pennsylvania, with driver's license number
15383137.
5. Your petitioner, in compliance with a departmental directive,
surrendered his license to the Pennsylvania Department of
Transportation (PennDOT) on August 22, 2008.
6. Your petitioner has been safely operating vehicles in Pennsylvania
since approximately 1967 and has never had a serious accident or
more than one traffic ticket in all of this time.
7. Since 1994, your petitioner has had a diabetic condition that requires
the use of various medications to control blood sugar levels.
8. For approximately the last three years, your petitioner has used insulin
medication to effect this control.
9. Throughout his term of dealing with this illness, including this three
year period of insulin use, your petitioner never experienced a
2
hypoglycemia unawareness incident until the event that occurred on
May 11, 2008.
10. Just prior to the May 11, 2008 event, at his physician's instruction,
your petitioner began daily use of two different types of insulin to
manage his blood sugar levels, a daily, slow response (long term) and
another, faster acting variety.
11. On the morning of May 11, 2008, your petitioner administered to
himself the long term insulin medication.
12.About two hours after administering this long term insulin medication,
your petitioner measured his blood sugar level at about 186.
13.Your petitioner also takes another medication known as prednisone, a
steroid type medication.
14.One of the common side-effects of prednisone is that it causes highly
elevated blood sugar levels, and judging from past experience with the
use of this medication wherein your petitioner's blood sugar levels
would tend to peak as high as the 400-500 level by early afternoon, it
was your petitioner's reasonable expectation that his blood sugar level
was on its way up and that he should therefore administer to himself a
short term insulin medication to offset the expected rise from both the
effects of the prednisone and a planned lunch meal.
3
15. Your petitioner administered a short term dose of insulin medication
and proceeded to visit his mother at a Carlisle nursing home.
16. While in the course of his visit, your petitioner began to experience
some dizziness and other symptoms common to a low blood sugar
condition, and realized that the combined effect of the long term and
short term insulin doses that he had taken was having more of an
effect than he anticipated.
17.Your petitioner then cut short his visit to his mother and headed for a
nearby fast-food restaurant to obtain some food to boost his blood
sugar level and offset this unexpected effect.
18.Your petitioner ate the food from the restaurant and, believing that the
low blood sugar effects of the insulin medication would quickly be
reversed or offset, proceeded back toward his home in
Mechanicsburg.
19. Due to lack of knowledge and experience with the potential potency
of the combined insulin medications that he had taken that morning,
and not knowing the status of his blood sugar level at that immediate
time, your petitioner inadvertently misjudged the impact of the
combined effects of the new long term insulin medication and the
short term insulin medication.
4
20.Despite his consumption of the food, your petitioner's blood sugar
dropped to a very low level, resulting in an episode of hypoglycemia
unawareness that caused him to briefly black out and to drive his car
off the side of the road against a road sign near the intersection of PA
Rt. 581 and Carlisle Pike in Hampden Township, Cumberland
County, Pennsylvania.
21. In compliance with a letter sent to your petitioner by the
Pennsylvania Dept. of Transportation on June 13, 2008 (Exhibit B),
your petitioner's treating physician Dr. Robert W. Hamilton
completed a Diabetic Form (See Exhibit A) in which he reported the
episode of hypoglycemia unawareness but also noted that this single
episode resulting from an inadvertent misjudgment about the effects
of a new medication would not affect your petitioner's ability to
safely operate a motor vehicle.
22. Despite Dr. Hamilton's conclusions regarding the ability of your
petitioner to operate a motor vehicle, PennDOT made a determination
of incompetency under Section 1519 (c) of the Vehicle Code on
August 1, 2008 and ordered the recall of your petitioner's driving
privilege.
23.Your petitioner attaches a copy of an affidavit from Dr. Hamilton
(Exhibit C) further explaining why this single, isolated event will not
affect your petitioner's ability to safely operate a motor vehicle in the
future.
24. Your petitioner is now completely aware of the conditions that led to
and resulted in the hypoglycemia unawareness event of May 11, 2008
and is fully confident that the causal conditions could not be repeated
using simple, reliable and familiar precautions.
25.As further proof of his abilities, your petitioner has safely operated a
vehicle without further incident of hypoglycemia unawareness or
incident of any other kind from the time of the incident on May 11,
2008 until he surrendered his license on August 22, 2008.
26. Because your petitioner operates his own business in which he must
travel to various locations to meet with clients and inspect job sites,
often with minimal advance planning or notice, the loss of his driving
privileges is a severe hardship and will immediately severely harm
him and his family and will seriously impede, if not eliminate, his
ability to earn an income through his geologic consulting business.
27. Continued loss of his driving privilege will predictably result in the
loss of existing important clients as well as impair his ability to obtain
6
new ones, when he is not able to provide the type of service they
expect, thus doing irreparable harm to his business and further eroding
his income.
28. Your petitioner further notes that PennDOT's determination was
issued on August 1, 2008, almost 3 months after the incident on May
11, 2008, thus undercutting its own claims of incompetence against
your petitioner and violating its own standards set forth in 67 Pa Code
Section 83.5.
Prayer for Relief
WHEREFORE, your petitioner requests that this Honorable Court,
after weighing the expert opinion provided in the attached physician's
affidavit, taking into account all other pertinent facts, and considering the
irreparable harm to your petitioner's business during the pendency of the
accompanying appeal if a recall is allowed to remain in effect, order a
supersedeas of the said PennDOT action of August 1, 2008 recalling the
driving privileges of your petitioner, until final determination of this matter
by the Court.
7
Respe y su
Date: Od
'chard A. Cairo
Attorney for Petitioner
Attorney No. 27733
1204 Chelsen Cross
Mechanicsburg, PA 17050
717-731-9997
717-802-1827 - Cell
susquygcomcast.net
Verification
I verify that the statements made in this petition for supersedeas are
true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
Carl Gordon Boyer, Petit' ner
Date: .?1Z 3/
n?--'
recallus
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: 8/112008
CARL RDON BOYER
905 LORING LAND / f
IMEC lANICSBURG PA 17055
Bear Mr. CARL GOPDC}N BOYER:
We have rcc:eivcd medical inforination indicating that you have a Diabetic condition which
prevents you from safety operating a motor vehicle.
As of 08122/2008, you may no longer drive. Your driving privilege is hereby recalled
indefinitely as mandated by $ion 1519(c) of the Vehicle Code:
This decision has been made by comparing your med l condition with the standards
recommended by our Medical Advisory Board and Adopted by this Department nis a do will
remain in effect until we receive tedical informAtion that your condition has improved and you
are able to safely operate a amotorvehicre.
In order to comply with this action, you rrtust rya all merit Pe zsytva is driver's licenses;
learner's permits, temporary d % s Sicerases (cetera cards) in. your possession on or before the
effective date listed above. If you Cannot comply wit the mquirttnents statedabbove, a sworn
affidavit stating that you are aware of the sanction against your driving pi iyilege .zrmust be
submitted. When the Department receives your license or affidavit, we will send you a receipt.
If you do not return alt current driver license products, we must refer this matter to the
Pennsylvania State Police for prosecution under SECTION 1571 (a) K) of the Pennsylvania
Vehicle Grade.
YOU MAY NOT RETAIN YOUR. DMVEWS LICENSE FOR IDEl IF7C.AkTJO
PURPOSES. Howevcr, you tray apply for w obtai t a pl?to identification card at my Driver.
License Center. You must present two ?2) forms of proper identification birth certificate;
valid U. S. passport, marniaige certificate; etc.) in order to obtain. your photo identtfcatitan card
You have the right appeal to the Crum of Common Fleas (Civ.T l Division) within thirty (30)
days or the mail date of this notice. If you file an appeal in the County Court„ time Court will dive
you a>time=staimped cetcif e? cc>p?cif die aglaeal, In order for your appeal to be valid, you must
send this time-stmped copy ofthe appeal by certified snail to':
DIABETIC FO
R EA8€E TYPE Pt t#T 1lt BLUE OR BS. CK OW ALL IN CJ tiAATrt3N i`A+»airaetsrnaait Qa ;wwwww: Ou. a€ sa;.ir.e ; are ,
O. BOX, r>E
.r7C7k7-9filG?.
POMENT :INFORMAT1DRNER'S r.rc£ E NO; I AS7 NAMEISi JR. 1' i EFf$fity 41ikE
16.383137 90YF-R CARL
HEIGHT SE% EYE CMOR DATE OF BWrii fEt tPr{t?tlE ?lEyt?bBER
&.-
STREET A ESS. RO. Wx n umbar clay be uS*d W additA :140hte a kwYli atidress, Gal Cannot be assn d# ha orckv a3dr?s5.
CSTt t?fiE zip CCHYE
°"rt 1
t> Htsr Irkg have you been treating 'e patient? _*. YearS wMarrths F1 KX 6W.
3. Has the patient been diagnoses as having diabetes? .".... ...... No
is
the ast ba"?.*lg 4reat ikt tl'i med^o ai?k ... €?s _j No 'XMMi oral Ages ..? Basd Insulin
5. Has tt,re pa rrs ever had at sever hypcylycr?rr' . re lk)n or an OPL*X* o hyp yc:emib LtF'#al' arlevbS eS U.* No
If yes, date of last episode. _
OSLIL?
6. Has the' patient ever had a symptornatic • .
f'tYAergh?rnrc raWio€? tkrat from
«a medical standpoint cotAd affect Nstbor ability to safely gate a motor vehicle? .::.,,,......:,........... ? Yes KNO
7. What were the resufis of t€ i- bAI r
7E
8. Does the patient monitor ?hll ' rgl{l.CE7aH
wtret rtsetf?t>d?; ? „ .
If yes, flow often'?
9. What wore the results of the diabgbc examination performeq tocay'?
?5i '6
or
R 'd' L 208 Z v r' 4 SIGHT R 20, L 201, lkSS 110
_ __..,._ _. .,_..._ . ... ...... ..... 111
10, Do you consider the patient's diabetes well-core+.r0ed? ............. ............. --- ,...... ....... Yea ? No
1 i. orlon tine pa€t-_nl have arly +,ltne'T 4C 1t7rIfLltta o 61S.--bs" wrl ;frnhy
affect sass ability to safely operate a motor vehicle? ......... .................. ........ .................. . ? Yes .J:t
tf yes. type:
t Blood pressure?_ IVN:
13. BSR
PROVIDER INFORMATION (Please mint or tv 1
P ViDER'SNAME SR?UiALTY ?7RrE?., 7v?Ei
?
T4ER80NE NWar;t:
'CV SIN i^AM U. :.: i
are made oast
N.
aw6 ?5r7+"ii? st. S?:r > fEfik ;aB,G[; (e,-t ?.^:i;c??.G p n7' hey h rt'P,na£ Ef?f"rn= ;fir ,^' 3Pi*v? ,i`, ;4, , ., « 3 ..:?l.i, -^rs ,s,; . +m{4;Pp !'w"s?d
to 3?tF panaaifls of 3 u C S. §49D4 tFahttiny? io u c .vorn [ fie ?i6n €O aafq ,e l?,pa} r
-`--"
Signature b=atc.
mir1 7
CONI- MONIVEALTH OF PE-NNSYILV,VN-1A
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mad Bate: GA3,1008
905 LNUNG LANE
'?tl t H4'vlt:: E3i KCi PA 1-7W;5
fnt?*ral3tt "P :,t.nmitted it, trey DzTarmncmt indicates fiat }o, may h?ltie a
could affect/limit your ability to.drive. In order to determine if you me el the f:?ep jrneI,t ti
c f, v : ikTt{ t t?4 "+t :1 3Lr ll t . 4 ?., i uj??r'i '11 1 v 0fi € 1,W411M00 .° . I Ti,.+,:',
the results of this exwrinanort, you may be re-quircd to have an additional medical evaluation
and `or take dri ccr c t st.
The enclosed forin(s must be cornpie4, cd by Your health :are prOVidef and re:tut-tied TO the BUrr:dtt
?? ?' :1l:1 ti's to c.[?:1???3V"?A?ii.? 11;t'? r[?111Y?;'t ?1lhiri Wit} ??y's ?€'fkTri tl'1t" J.zEt it# F.r:1? lef?eE, g':6}tlr s?1}i privilege will be suspended.
If you have any gmstjons.. phrase Contact the Medical Unit at (717)787-9664 between the hour
of 8,00 an. and t.1 ° p.m.
Janet. T, Ian, Director
J)Tiver License -9 1,53811',7
} t?cins?rrc.: DIY--t2' . 1) iabv it f OrTil
,."poctal Inswactk>rts• Cep icle, ivrrr;s c fad e d, to the .'•Fi+A..A4 ceic.ai l t` t r A T# Ti
s Ai l l.lltk
5
AUG-27-2898 12:31 PM DR.R.HAMILTON 717 533 7649
P.81
ROBERT W. HAMILTON, M.D.
A
INTREiNA Naac1NE
(7171529-4941
HEMATOLOGY-MEDICAL ON t-XOGY
Affidavit of Doctor Robert W. Hamilton M1 D
AND NOW, this twenty-sixth day of August, 2008, comes Dr. Robert ?.
'Hamilton, M.D., who deposes and says as follows, to wit:
1. That I am the treating physician for Mr. Carl G. Boyer with rflspec+.
to his diabetic condition and that I have been treal,inlt him f;r a
period of at least two years.
2. That I am familiar with the episode of hypoglycemia unawareness
that occurred on May 11, 2008.
3. Given my knowledge of his condition, I can state the following points
with rospect to his continuing fitness and ability to safely opera-:
a vehicle:
i Mr. Boyer has insulin-dependent diabetes mellitus, and is also tak:•.ng
Prednisone for a musculo-skeletal disorder as well. The Prediinonu
has matte managing his diabetes mellitus more difficult, and we hava+
been trying to improve diabetic control by using increasing doses 'if
long-acting insulin. It is my understanding that on May 11, 2008,1a?
agdmininte rad some shorter acting insulin and then traveled in his ?:ur
without eating anything. This was a mistake, as the short acting
insulin drove his blood sugar down below the safe level, and he wa;
actually driving for a while with a very low blood sugar. 'The pol_.-e
stopped him.
That episodes was clearly related to an insulin reaction, and Mr. Boyer
i now undersainds that he must have something to eat after administer U1g
such short acting insulin as Humalog. Mr. Boyer has not experienced
Y any more of these very low blood sugars, and his driving privileges
should not be suspended for such an event. Mr. ]coyer did not have
a seizure.
j I verify that the statements made in this affidavit are true and corre:t.
I understand that false statements herein are subject La the penalties of
18 Pa.C.S. #490x+ relating to unsworn falsification to authorities.
August 26, 2008
Robert W. Namilron, 1?7.D.
720 P9104RN ROAD
HERSHEY. PENNRYLVANIA 1708:1
-r'
j=
M
SEP 0 2 1-1G08
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Appeal of Carl Gordon Boyer from )
a Determination by the Pennsylvania Dept. ) Civil Action-Law
of Transportation Recalling )
the Petitioner's Driving Privilege ) No. of 2008 -S/
)Request for Supersedeas
Order of Court
AND NOW, this day of , 2008, the Court
hereby orders that a hearing in the above matter regarding the issuance of a
supersedeas shall be held on the a day of , 2008 in
Court Room No. , Cumberland County Courthouse, 1
Courthouse Square, Carlisle, PA 17013-3387, beginning at
/ a.m..
B
J.
Aev. c rrit .ice
3q
SEP 0 2 2008
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Appeal of Carl Gordon Boyer from )
a Determination by the Pennsylvania Dept. ) Civil Action-Law
of Transportation Recalling )
the Petitioner's Driving Privilege ) No. of 2008 -517
Order of Court
AND NOW, this day of le le" M? 2008, the Court
hereby orders that a hearing in the above matter shall be held on the
A')471 " day o , 2008 in Court Room No. ,
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-
3387, beginning at a.m .
J.
"j-, Jo 03Q-. tj-
4C2, - ?
Tww
IN RE: APPEAL OF
CARL GORDON BOYER FROM
A DETERMINATION BY THE
PENNSYLVANIA DEPT. OF
TRANSPORTATION RECALLING
THE PETITIONER'S DRIVING
PRIVILEGE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-5179 CIVIL TERM
REQUEST FOR SUPERSEDEAS
ORDER OF COURT
AND NOW, this 24th day of September, 2008, the
Defendant's request for supersedeas is granted. Hearing on the
merits shall be held on November 26, 2008, at 11:00 a.m.
By t]
? Philip Bricknell, Esquire
Attorney for Respondent
-//Richard A. Cairo, Esquire
Attorney for Petitioner
srs
9/a9168
"-?l
Edward E. Guido, J.
C'S =S 14 6? d3S BOOZ
? C?3 J
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Appeal of Carl Gordon Boyer from
a Determination by the Pennsylvania Dept.
of Transportation Recalling
the Petitioner's Driving Privilege
Civil Action-Law
No. 2008-5179 Civil
)Appeal from Gov't Action
MOTION TO DISCONTINUE
APPEAL OF PENNDOT DETERMINATION OF INCOMPETENCY
MADE UNDER SECTION 1519 (c) OF THE PENNSYLVANIA
VEHICLE CODE
AND NOW comes your petitioner who, through his counsel, with the
consent of the Pennsylvania Department of Transportation, and pursuant to
Pa. R.C. P. 229, files this motion to discontinue the above captioned appeal
due to mootness of the case. The petitioner is now administratively eligible
for the return of his license without further action by the Court and that
process is underway. The hearing in the above matter set for Wednesday,
November 26, 2008 at 11:00 a.m. in Court Room No. 3 is no longer
necessary. r .?
Dated: November 20, 2008
chard A. Cairo
Attorney for Petitioner
Attorney No. 27733
1204 Chelsen Cross
Mechanicsburg, PA 17050
717-731-9997
717-802-1827 - Cell
susquykcomcast.net
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of this motion for
discontinuance by first class mail to Philip Bricknell, Office of Chief
Counsel, PA Dept. of Transportation, 1101 South Front Street - 3rd Floor,
Harrisburg, PA 17104-2516.
Date: November, 20 --?
Richard A. Cairo
Attorney for Petitioner
7 -1'
;^43
r
NOV 1?t.?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Appeal of Carl Gordon Boyer from
a Determination by the Pennsylvania Dept.
of Transportation Recalling
the Petitioner's Driving Privilege
Civil Action-Law
No. 2008-5179 Civil
)Appeal from Gov't Action
ORDER OF COURT
AND NOW, this day of November, 2008, upon the motion of
the petitioner Carl G. Boyer, the above captioned appeal is hereby
discontinued.
J.
r
,
1
ter.,
IV
.a