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Home My WebLink About04-1995QU1NLAN LAW OFFICE 3344 Trindle Road Camp Hill PA 17011-4433 Phone: 717-697-9303 Sean Patrick Quinlan, Esquire Attorney for Defendant Attorney ID No.: 86858 www.spqesq.com COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS - CUMBERLAND COUNTY D.O.T. GABRIEL PENNSYLVANIA LORIA-DUARTE, Appellant Civil Action DUI Chem. Test Refusal-DL Suspension NOTICE OF APPEAL TO THE HONORABLE JUDGES: Appellant, Gabriel Loria-Duarte, by his counsel, Sean Patrick Quinlan, Esquire, hereby appeals the ruling of PeunDOT and requests a heari:ag on the matter, and represents: 1. Appellant was stopped for an alleged violation of the motor vehicle code. 2. Appellant was suspected of being under the influence of alcohol while operating his motor-vehicle. 3. Appellant was asked if he wanted to submit to a chemical b.a.c, test and was not advised of the consequences of a refusal to submit to same and signed no attendant form indicating his understanding the consequences of said refusal. 5. Appellant's first language is Spanish as he was boru and raised in Mexico. WHEREFORE, Respondent requests a hearing of this matter to allow the court to make a more fully informed decision on this matter. Respectfully submitted, Se~Pa~i~~e Counsel for Appellant VERIFICATION I verify that the statements made in this Appeal are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9904 relating to unsworn falsification to authorities. Jose Gabnel Lona Duade 177'9 Lisburn Road, #2 Mechanicsburg PA 17055 COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dates APRIL 25, 200q JOSE GABRIEL LORIA-DUARTE 1779 LISBURN ROAD #2 MECHANICSBURG PA 17055 WID e 041076108896219 001 PROCESSING DATE 04/16/2004 DRIVEIR LICENSE # 27686471 DATE ,OF BIRTH 03/19/1957 Dear MR. LORIA-DUARTE= This is an O~flctal Notice of the Suspension of your Driving Privilege as author/zed by Section :lSq7BlI of the Pennsylvania Vehicle Code· As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 03/29/2004: Your driving privilege is SUSPENDED fOP a pe~tod of 1 YEAR(S) effective 05/28/2004 at 12:01 COMPLYZNG NZTH THZS SUSPENSION You must return al! current Pennsylvania dr/vet's 1/censes, learner's perm/ts, temporary dr/vet's licenses (camera cards) /n your possession on er before 05/2!8/200q. You may surrender these items before, 05/2B/20014, for earlier cred/t~ however, you may not drive after these /rems are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES· However, you may apply for anal obtain a photo identification card at any Dr/ver L/cense Center for a cost of 10.00. You must Present two (2) forms of Proper /den- t/fication (e.g., b/rth cert/ficate, val/d U.S. Passport, marriage certificate, etc.) in order to obta/n your photo identification card· YOU wlll not recelve cPedlt toward 8ervln!! any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. Return all current Pennsylvania dr/verbs licenses, learner's Permits and/or camera cards to PennDOT. If you do not have an~ of these items, send a sworn nora- r/zed letter stating you are aware of the suspension of Your dr/v/nB pr/vilege. You must spec/fy in your /otter ~hy you are unable to return your dr/verbs 1/cerise. Remember~ You may not reta/n your driver,s license for /dent/f/cat/on Purposes· Please send these /toms to~ Pennsylvania Department of Transportation 0~1076~08896219 Bureau of Driver Licens/ng P.0, Box 6B&93 Harr/sburg, PA 1710&-8693 2, Upon rece/pt, rev/ew and acceptance of ~leur Pennsylvan/a driver's license(s), learner,s perm/t(s), and/or a sworn notarized letter, PennDOT w/ll send you a rece/pt con- f/rm/ng the date that cred/t began, If you do not re- ce/ye a rece/pt from us w/th/n $ weeks, please contact our off/ce. Otherw/se, you w~11 not be g~ven cred/t toward serv/ng th/s suspens/on. PennDOT Phone numbers are ~sted at the end of th/s ~etter. 3. If You do not return a~! current driver l~cense Pro- ducts, we must refer th/s matter to the Pennsylvania State Police for Prosecution under SECTION ~571(a)(~) of the Pennsylvan/a Veh/cle Code. PAYING THE RESTORATION FEF You must pay a restoration fee to PennDOT to be restored from a suspens/on/revocat/on of Your dr/ving pr/v/lege. To pay your restorat/on fee, complete the following steps: 1. Return the enclosed Appl/cat/on for Restorat/on. The amount due /s listed on the appl/catton. 2. ~rite your dr/vet's license number (listed on the f/rst page) on the check or money order t;= ensure proper credit. Follow the payment and mailing /nstructions on the back of the applicat/on. You have the right to appeal this action to the Court of Common Pleas (C/v/! Divis/on) w/th/n ~0 days of the ma/1 date, APRIL 2~, 2004, of th/s letter. Z~ ¥o1~ ~11e an appeal tn the Count~ Cou~t, the Court ~111 91ve you a tlme-mtamped certified copy of the appeal. In order for ~our appeal to be valid, you must send this time-stamped cert/fied copy of the appeal by certified mai! to= Pennsylvan/a Department of Transportation Off/ce of Ch/el Counsel Th/rd Floor, R/verfront Off/ce Center. Harrisburg, PA 17104-251& Remember~ th/s is an OFFICIAL NOTICE OF SU$~ENSZON. You must return all current Pennsylvania dr/ver license products to PennDOT by 011076108896~19 S~ncerel~, Rebecca L. Bickley, D/rector Bureau of Driver Licensing 1NFORHAT~ON 7=00 a.m. to 9:00 IP.m. ZN STATE 1-800-952-4600 TDD 1N STATE OUT-OF-STATE 717-$91-6190 TDD OUT-OF-STATE WEB S~TE ADDRESS www.dmv.state.~a.u~ 1-800-228-O&7& 717-391-6191 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS - CUMBERLAND COUNTY PENNSYLVANIA D.O.T. Vo LORIA-DUARTE, GABRIEL Appellant DUI Chem. Test Refusal-DL Suspension ORDER AND NOW, this ~t~day of'~{d.ct ,200~ it is hereby ORDERED and DECREED that a hearing on the Appell~ant's Motion for a hearing to Appeal PennDOT's motion to suspend Respondent's driver's license privilege sail~hall be held on the oq&Otday of ~ ,200'~ , at a~./p.m., in courtroom oT-. By the Courtz.' ' /// GABRIEL LORIA-DUARTE, Petitioner Vo : IN THE COURT OF COMMON PLEAS OF : CUMBERLANI) COUNTY, PENNSYLVANIA Edgar B. Beverly J. Points, Esquire For the Department of Transportation /~e~an Patrick Quinlan, Esquire For Petitioner prs Co~ONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF T~NSPORTATION,: BUREAU OF DRIVER LICENSING, : Respondent : NO. 04-1995 CIVIL TE~ ORDER OF COURT AND NOW, this 26th day of July, 2004, this matter having been called for a hearing, the dei!e~dant having withdrawn the appeal, the appeal IS DISMISSE~ ~~