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Home My WebLink About10-1176 2D 10 FE 3 19 P141 1: 4, 0 RYAN M. BONAFAIR, Appellant IN THE COURT OF j PLEA§ bF CUMBERLAND COUNTY, PAN 1§ LVANIA V. NO. to - C?rvil -rerm COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION APPEAL OF OPFRATOR'S LICENSE S1JSPFNS1QN AND NOW, comes the Appellant, Ryan M. Bonafair, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully avers the following: Appellant resides at, 35 Stricker Drive, York Haven, York County, Pennsylvania 17370. 2. The Appellant received a Notice dated February 9, 2010, that as a result of his alleged violation of Vehicle Code Section 1547, Chemical Test Refusal on December 27, 2009, his driving privileges were being suspended for a period of one (1) year, effective suspension date March 16, 2010, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." 3. The Appellant submits that the police officer lacked a reasonable basis to request Appellant to submit to a chemical test. 4. The Appellant submits that he did not intelligently and voluntarily refuse to submit to a chemical test. 5. The Appellant submits his actions did not constitute a refusal. 6. The Defendant was not in actual physical control of the vehicle. 49a.00 PQ A-rrf cr-* a(o'7s PT-#' R51 807 WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. P ck er, Jr., squire w ffice of Patrick F. Lauer, Jr., LLC 108 Mark t Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: February 18, 2010 ID# 46430 Tel. (717) 763-1800 RYAN M. BONAFAIR, ; IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION I hereby certify that I am this day serving a copy of the foregoing Appeal of Operator's License Suspension upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Date: February 18, 2010 Pa 'fick f/./Lauer, Jr., squire L w O ices of Pa ck F. Lauer, Jr., LLC 108 Market Stre , Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 RYAN M. BONAFAIR, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION ATTORNEV VERIFICATION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Ronald E. Price, hereby verifies and states that: 1. I am the attorney for Appellant, Ryan M. Bonafair, 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief, and 5. I am aware that false statements herein are, made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. P trrkau Jr., Esqui re aw s oatrick F. Lauer, Jr., LLC 210 t eet, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: February 18, 2010 ID# 46430 Tel. (717) 763-1800 6, L, ??,+ A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 09, 2010 RYAN M BONAFAIR WID # 100336123461828 001 35 STRICKER DRIVE PROCESSING DATE 02/02/2010 DRIVER LICENSE # 27454533 YORK HAVEN PA 17370 DATE OF BIRTH 03/14/1986 Dear MR. BONAFAIR: This is an Official 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 12/27/2009: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 03/16/2010 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 03/16/2010. You may surrender these items before, 03/16/2010, 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 $12.00. 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 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: 100336123461828 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, 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. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 100336123461828 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, FEBRUARY 09, 2010, 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 03/16/2010. 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 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TOO OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us ~e 22Zmo~, 1 t ..,... r..r '~ ~~~i ~L~~ r~i~ ^J'Ih 1~~1 ZuICI~I:.E ~0 >i~ 11i~ 27 RYAN M. BONAFAIR, ,., , , : IN THE COURT OF COMMON PLEAS OF Appellant ~'~ "~~ -~U11~BE~L1~!QD COUNTY, PENNSYLVANIA v • NO• ID - ll'lto Civil I~.t-M COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, :APPEAL OF OPERATOR'S LICENSE Appellee :SUSPENSION nRnF.R [1F C".(IiTRT AND NOW this ~ s day of ('~ ~ ~ 2010, upon consideration of the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the ~~~ day of ~~~~?_~ ~'OIC , at ~` ~ ax~~.m. in Courtroom No. r of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section .1550(b)(1) until such time that this honorable court resolves this appeal. ~, ~~' ~ ~ ~ ~.~ ~ ~ c~c l ~ ~ ~~ ~ ~ s " ~ ~r /-~ a ~!] ~: ~ C ~ C > S t S Y~ ~~ v r r ~` cL ~~ I~ ~ . -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, / Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 1701 l ~C~~; Es rn~.t ~~, aa~r~ I1 ~~