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Home My WebLink About08-6411 Court of Common Please of Pennsylvania, Cumberland County Matthew Edwin WATERS, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent October 28, 2008 PETITION FOR APPEAL FROM DRIVER'S LICENSE SUSPENSION Respectfully submitted, Jason B. Duncan, Esquire, The Law Offices of Duane P. Stone, 8 N. Baltimore Street, Dillsburg, PA 17019, (717) 432-2089, Attorneys for Petitioner, Matthew Edwin Waters. AND NOW comes Petitioner, Matthew Edwin Waters, by and through his attorney, Jason B. Duncan, Esquire, files the following Petition for Appeal from Driver's License Suspension and in support thereof avers as follows: 1. , The Petitioner, Matthew Edwin Waters is an adult licensed driver with a residence address of 18 S. Locust Lane, Mechanicsburg, PA 17050 with a Pennsylvania operator's number of 1654101. 2. The Respondent is the Commonwealth of Pennsylvania, Pennsylvania Department of Transportation with offices for the purposes of service of this Petition at P Floor, River Front Office Center, Harrisburg, PA 17104-2516. 3. On or about September 24, 2008, Petitioner received an Official Notice of Suspension from the Pennsylvania Department of Transportation notifying him that his driving privilege was being suspended for a period of 1 year effective November 5, 2008. (A true and correct copy of this notice is attached and marked as Petitioner's Exhibit "X'). 4. The suspension arises out of Petitioner's alleged violation of Section 1547 of the Pennsylvania Vehicle Code for his alleged refusal to submit to a chemical test. 5. This suspension is not supported by the evidence and is therefore erroneous as a matter of law. 6. The suspension proposed by the Department is illegal, improper, and invalid for some or all of the following reasons: a. Petitioner was not given the implied consent warnings in compliance with Section 1547(b)(2). The officer failed to adequately advise the Petition of the consequences of refusing to take a breath, blood or urine test. Further, the Petitioner was not properly advised or adequately advised of the total consequences of refusing to take the breathalyzer test per the provisions of the Motor Vehicle Code. b. Said suspension is otherwise in violation of Section 1547 of the Vehicle Code and/or case law. c. The petitioner is appealing said suspension for the reason he was on physician prescribed medication that made him incapable of understanding the requests made by the police officer nor the implications of what a refusal meant. d. The petitioner does not recall refusing chemical test due to medication that affects his memory. Additionally, petitioner recalls complying with a request by the officer for a breathalyzer and does not recall ever being asked to take any additional chemical testing. WHEREFORE, Petitioner respectfully prays that this appeal be allowed under Section 1550 of the Vehicle Code; that a date be granted for a hearing de novo to determine whether petitioner is subject to suspension of his license and that this appeal act as a supersedeas pending said hearing. Respectfully Submitted, 4 . By: Jason B. D can, Esquire The Law Offices of Duane P. Stone 8 N. Baltimore Street Dillsburg, PA 17019 I.D. # 87946 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 01, 2008 MATTHEW EDWIN WATERS WID 082686746140914 001 18 S LOCUST LN PROCESSING DATE 09/24/2008 DRIVER LICENSE # 16543101 MECHANICSBURG PA 17050 DATE OF BIRTH. 02/27/1955 Dear MR. WATERS: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BIl of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 09/18/2008: r Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 11/05/2008 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 11/05/2008. You may surrender these items before, 11/05/2008, 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 $10.00. You must present two (2) forms of proper identification (e.g., birth r_ertif.icate, 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 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: 082686746140914 Pennsylvania Department of Transportation 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, PennOOT will send you a receipt confirming the date that credit began. If you do not receive 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 products, 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, OCTOBER 01, 2008t 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 certified 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 11/05/2008. ¦ Sincerely, 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. a.us CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I have served a true and correct copy of the Defendants Petition for Appeal from Driver's License Suspension via United States Certified Mail to: Pennsylvania Department of Transportation Bureau of Driver Licensing 3rd Floor, River Front Office Center Harrisburg, PA 17104-2516 Dated: 29 October 2008 i9 G- %+4 kl,, dsa.,j A . Murphy ralegal l ra h, J -3 .ice' i W s • OCT 3 v cuubc-, 0- bg1t Cllri (%rrr? Court of Common Please of Pennsylvania, Cumberland County Matthew Edwin WATERS, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent October 28, 2008 ORDER OF COURT AND NOW this day of Ooieber, 2008, after consideration of the within Petition for peal from sT .icense Suspension, IT IS HEREBY OR,jWRED that a Hearing is s?` ?o• f ,: o of .,N . ?:, c,,,., .ww - -, 4 3, GR*O and pursuandto 75 PA C.S.A. 1550(b) a suPersedeas of the License Suspension is GRANTED until final determination of the matter by this court. COURT: J. t: --3"Ot-s 0- }`tom lee 3 3.'JCV - 99 ql/ 4I,NliV -1,ks,INZi a 61 :11 Wv ? - AQN SOOZ MATTHEW EDWIN WATERS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6411 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING Respondent LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 9th day of January, 2009, after hearing, the Petitioner's appeal is dismissed, and the action of the Department in suspending his license is ratified and affirmed. Edward E. Guido, J. ? ZPhilip Bricknell Esquire Fox the Respondent Jason B. Duncan, Esquire For the Petitioner srs n Cc? ins m3tLG=L P ///3/U1? Ll?ln S ! =8 NV E i NVf 6602 kNIONGPLIC'd :IIHI ?O r"1.J11.0-G lu