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Home My WebLink About09-0097BEINHAUR & CURCILLO JoseQh A. Cwcillo, III, Esquire 3964 Lexington Street Harrisbwg, PA 17109 717-651-4100 Attorney ID# 44060 CASEY KENNETH MCMILLAN : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN{A v. NO. 09-(ydg'1 COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENS{NG LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Casey Kenneth McMillan, by and through his attorney, Joseph A. Curcillo, III, Esquire, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Casey Kenneth McMillan, is a Pennsylvania licensed driver with a residence address of 103 North Madder Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a notice of license suspension byway of letter dated December 12, 2008 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on January 16, 2009 at 12:01 a.m. for a period of one (1) year for a violation of Section 1547 of the Vehicle Code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. Petitioner believes that said license suspension is illegal, invalid, and improper for reasons which include, but are not limited to the following: a. Petitioner's alleged refusal was not intelligent, knowing, and voluntary; b. Petitioner was not properly advised of his O'Connell warnings; c. The Officer did not possess reasonable grounds to believe that Petitioner was driving under the influence; and d. Said suspension is otherwise illegal, invalid, and improper pursuant to statutory and case law. WHEREFORE, Petitioner respectfully requests that this Court schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Respectfully ~~ ~~ III, Esquire 3964~c1'ngton Street Hamsburg, PA 17109 (717) 651-9100 COMMONWEALTH OF .PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 12, 2008 CASEY KENNETH MCMILLAN WID ~ 083406664638QOD 001 103 N MADDER DR PROCESSING DATE 12/05/2008 DRIVER LICENSE ~ 27504608 MECHANICSBURG PA ],7050 DATE OF BIRTH D6/15/1986 Dear MR. MCMILLAN: This is an Ofificial 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 11/01/2008: ^ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) efifective Oli16i2009 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 01/16/2009. You may surrender these items before, 01/16/2009, 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 identification, (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain Your photo identification card. You will not receive credit toward serving ahy~ 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: ~k~lt~ti-~- ~ 083406664638000 Pennsylvania Department of Transportation Bureau of Driver Licensing P.0. 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, PennDOT 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, DECEMBER 12, 2008, of this letter. Ifi you file an appeal in the County Court, the Court will give you a time-stamped certified copy ofi 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 01/16/2009. 083406664638000 Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:_00 a.m to 6.00 a 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.pa us ~ 00 ~~ ~ .O $~ O ~ ~- -r. z _ ~ , L" coo ~`'; ~ ~~ ~ ~=' ~` -' ---~ ~ ~