HomeMy WebLinkAbout01-4512JON DAVID DEZAGOTTIS,
Appellant
Ve
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Appeal of Operators License
Suspension - Chemical Test
Refusal
APPEAL OF LICENSE SUSPENSION
AND NOW comes the Appellant, Jon David Dezagottis, by and
through his attorneys, the Law Offices of Patrick F. Lauer, Jr.,
and respectfully avers the following:
1. Appellant resides at 909 Robert Street, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. The Appellant received a notice dated July 10, 2001 that, as
a result of his alleged violation of Pennsylvania Vehicle
Code Section 1547, Chemical Test Refusal, his driving privilege
was being suspended for a period of one year, effective suspension
date August 14, 2001, at 12:01 a.m. A true and correct copy of
the Notice is at~ached 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.
WHEREFORE, your Appellant respectfully requests your
Honorable Court to schedule an evidentiary hearing on the matter.
Date: ~/~/~/0 ~
! -!
Respectfully submitted,
Patrick F. Lauer, r , Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
JON DAVID DEZAGOTTIS,
Appellant
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
Appeal of Operators License
Suspension - Chemical Test
Refusal
ATTORNEY VERIFICATIQN
I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for
Appellant, David Lee Shaffer, hereby verifies and states that:
1. I am the attorney
2. I am authorized to
behalf;
e
for Appellant, Jon D. Dezagottis;
make this verification on my client's
The facts set forth in the foregoing Appeal are known to me
and not necessarily to my client;
The facts set forth in the foregoing Appeal are true and
correct to the best of my knowledge, information and belief;
and
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.
Respectfully submitted,
Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
JOHN DAVID DEZAGOTTIS,
Appellant
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
Appeal of Operators License
Suspension - Chemical Test
Refusal
C~RTIFICAT~ OF SERVI.~
I hereby certify that I am this day serving a copy of the
foregoing Appeal upon opposing counsel by depositing a copy of the
same in the United States Mail, Camp Hill, Pennsylvania,
first class mail, certified, return receipt requested,
paid and addressed as follows:
through
postage
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
Respectfully submitted,
Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
EXHIBIT A
COMMONNEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver~
Mail Date~-~TULY 10, 2001--
JON ~AVI~ DEZAGOTTIS
909 ROBERT STREET
MECHANICSBURG PA 170553452
WID ~ 011846102107529 001
PROCESSING DATE 07/03/2001
DRIVER LICENSE e 20910655
DATE OF BIRTH 07/24/1965
Dear MR. DEZAGOTTIS=
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1547 of the Pennsylvania
Vehicle Code. As a result of your violation of Section 1547
of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/09/2001:
Your driving privilege is SUSPENDED fop a Period of 1
YEAR(S) effective 08/14/2001 at 12:01 a.m.
WARNING: If you are convicted of driving while your I
license is suspended/revoked the penalties will be a I
MINIMUM of 90 days imprisonment AND a 1,000 fine AND I
your driving privilege will be suspended/revoked for I
a MINIMUM ! year period I
COMPLYING NITH 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 0~/lq/2001. You may
surrender these items before, 08/14/2001, for earl/er
credit; however, you may not drive after these items are
surrendered.
YOU MAY NOT RETAZN YOUR DRZVERmS LZCENSE FOR ZDENTZFZCATZON
PURPOSES. However, you may apply for and obtain a photo
identification card at any Driver License Center for a cost
of 9.00. You must present two (2) forms of proper iden-
tification (e.g., birth certificate, valid U.S. passport,
marriage certificate, etc.) in order to obtain your photo
identification card.
You 0111 not receive credit togaed serving any suspension
until ge recelve your license(s). Complete the following
steps to acknowledge this suspension.
0118~&102107529
1. Return al! current Pennsylvania driver*s licenses,
learfler's permits and/or camera cards to PennDOT.
you do not have any of these items, send a sworn nota-
rized 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:
Pennsylvania Department of Transportation
Bureau of Driver Licensing
P,O. Box 68693
Harrisburg, PA 17106-8695
2. Upon receipt, review and acceptance af your Pennsylvania
driver's license(s), learnerts permit(s), and/or a sworn
notarized letter, PennDOT will send you a receipt con-
firming the date that credit began. Zf you da not re-
ceive a receipt fram us within $ 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.
$. If you da not return al! current driver license pro-
ducts, we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION
of the Pennsylvania Vehicle Code.
PAYING THE RESTORATZON FEE
You must pay a restoration fee to PennDOT to be restored
To
from a suspension/revocation of your driving privilege.
pay your restoration fee, complete the f~llowing 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.
$. Follow the payment and mailing instructions on the back
of the application.
011846102107529
APPEAL
You have the right to appeal this act/on to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, JULY 10, 2001, of this letter. Zf you file an appeal
tn the County Court, the Court w111 glve you a time-stamped
certified copy of the appeal. In order for your appea! to
be valid, you must send this time-stamped cert~fled copy of
the appea! by certified ma/! to:
Pennsylvania Department of Transportation
Offlce of Chief Counsel
Th/rd Floor, Riverfront Office Center
Harrisburg, PA 17104-251&
Remember, this is an OFFZCZAL NOTXCE OF SUSPENSXOH. You
must return all current Pennsylvania driver license products
to PennDOT by 08/14/2001.
Sincerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORHATION 7:00 a.m. to 9:00 p.m.
IN STATE 1-800-952-4&00 TDD IN STATE
OUT-OF-STATE 717-$91-6190 TDD OUT-OF-STATE
NEB SITE ADDRESS w~w.dot.state.pa.us
1-800-228-0676
717-$91-&191
JON DAVID DEZAGOTTIS,
Appellant
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
NO. O/-
Appeal of Operators License
Suspension - Chemical Test
Refusal
2001, upon
consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION,
it is hereby ordered that a he~ring shall be held regarding this
matter at on the _,a-~ day of ~ 2001 at
-- ~ a.m.~ in Courtroom No. _ / 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
BY THE COURT:
Je
Distribution:
-PA Dept. of Transportation, Office of Chief Counsel, Third Floor,
Riverfront Office Center, Harrisburg, PA 17104
-Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011
JON DEZAGOTTIS
909 ROBERT STREET
MECHANICSBURG, PA 17055
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 2001-4512
ORDER
AND NOW, this ~ ~ day of {") ¢~'~,~. b~'~- , 2001, the Petitioner's Motion for
Continuance is in above-captioned matter is hereby ~Ar za'~¢~J . A hearing in
, .m ~,J.Z.~,',,'.~tx.cz:~ "/7,a./, ~ t ~
this case is set for ~2,-./~71 ,~00//tO,~/~9'~./~' t ~ ~.~i~l ~"~t~-~l~co~7 ~ -I
. ~ ., ~ , ) -,, ~BYTHECO~T:
Dist~bution: t
Brian W. Perry
George Kabusk, Assistant Counsel, Pennsylvania Department of Transportation
Cumberland County Clerk of Courts
Cumberland County Court Administrator
JON DEZAGOTTIS
909 ROBERT STREET
MECHANICSBURG, PA 17055
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 2001-4512
COMMONVqEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION :
TO THE HONORABLE J. WESLEY OLER, JR.:
PETITIONER'S MOTION FOR CONTINUANCE
AND NOW, comes the Defendant, John Dezagottis, by and through his attorneys, Nealon &
Gover, P.C., who respectfully requests a continuance in the above-captioned matter and in support
thereof avers the following:
The instant Hearing is scheduled before This Honorable Court on October 5, 2001, at
2:30 p.m.
2.
3.
Hearing.
4.
The Petitioner originally retained Attorney Patrick F. Lauer, Jr. in this matter.
Counsel was recently retained by Mr. Dezagottis to represent him in the pending Refusal
Counsel needs time to prepare for this Hearing, including reviewing the Cumberland
County Booking Center video to determine whether a valid issue exists in this case.
5. The Petitioner is therefore requesting a continuance based upon the foregoing.
6. Counsel has simultaneously entered his appearance as attorney of record in this matter.
7. George Kabusk, Assistant Counsel for the Pennsylvania Department of Transportation,
does not object to the instant Petitioner's Motion For Continuance.
WHEREFORE, based upon the foregoing, the Petitioner respectfully requests that this
Honorable Court grant the Petitioner's Motion For Continuance in this case.
Respectfully submitted,
NEALON & GOVER
By:
Brian W. Perry, Esquire
Attorney I.D. #75647
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
Date: 10/1/01
CERTIFICATE OF SERVICE
AND NOW, this 1st day of October, 2001, I hereby certify that I have served the foregoing
Petitioner's Motion for Continuance on the following by depositing a true and correct copy of same in
the United States mail, postage prepaid, addressed to:
George Kabusk, Assistant Counsel
Pennsylvania Depa~huent of Transportation
Office of Chief Counsel
1101 South Front Street, 3ra Floor
Harrisburg, PA 17104
(,:3 ¢7J
OCT 0 3~
JON DEZAGOTTIS
909 ROBERT STREET
MECHANICSBURG, PA 17055
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2001-4512
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Petitioner, Jon Dezagottis,
with regard to the above-captioned matter.
Respectfully submitted,
NEALON & GOVER, P.C.
Brian W. Perry, Esquire
I.D. #: 75647
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
CERTIFICATE OF SERVICE
AND NOW, this 1st day of October, 2001, I hereby certify that I have served the foregoing
PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of
same in the United States mail, postage prepaid, addressed to:
George Kabusk, Assistant Counsel
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 South Front Street, 3ra Floor
Harrisburg, PA 17104
z
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. D~t. No.:
DJ Name: Hon.
09102
ROBERT V MANLOVE
~r,~: 1901 STATE ST
CAMP HILL
Telaph~e: 717 761 0583
AKA:
SUMMONS
PA 17011
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT:
NAME and ADDRESS
JON DAVID DEZAGOTTIS
909 ROBERT STREET
MECHANICSBURG PA
17055 0000 00
Docket No.: ~ - ~,~ 5 q - (~ J
Date Filed: ~ ~ 3 J O I
OTN: L 092562-3-
S[D Number
29905142
Registration Number Annual Sticker Number OLN Number
Complaint Number Complaint Numbers if other Participants incident Number UCR Number
R.S.A.: WM 35 D.O.B.: 07 24 1965 S.S.#: 194 44 7666
ORI NO.: PA0210100
District Attorney's Office Approved Disapproved because:
(The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing.
Pa.R.Cr.P. 107.) When the affiant is not a police officer as defined in Rule 51 (C) and the offense(s) charged include(s) a misdemeanor or felony which
does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay),
(Signature)
(Issue Date)
of CAMP HILL POLICE DEPT.
residing at 2199 WALNUT ST. CAMP HILL PA 17011 EXHIBIT ~/
do hereby state: (check appropriate area)
1. X I accuse the above named defendant, who lives at the address set forth above or, /~ /7 0/ P~/,~
I accuse an individual whose name is unknown to me but who is described as
I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
with violatina theoenal laws of the Commonwealth of Pennsylvania at: CAMP HILL BOROUGH
( Placa-Political Subd~sion)
MARKET ST S 32ND ST CAMP HILL
in(County) C[J-~BER~ onorabout 06 09 2001 0132 HRS
Participants were: (if there were participants place their names here, repeating name of above defendant)
The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute
allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itself, be sufficient. In a summary case, set forth a
citation of the specific section and sub-section of the statute or ordinance allegedly violated).
** DRIVING UNDER THE INFLUENCE OF ALCOI~OL CTS 1
DID DRIVE, OPERATE OR WAS IN ACTUAL PHYSICAL CONTROL OF THE
MOVEMENT OF ANY VEHICLE WHILE [TNDER THE INFLUENCE OF ALCOHOL TO
A DEGREE WHICH RENDERED THE PERSON INCAPABLE OF SAFE DRIVING.
VEHICLE: AQUA 1992 HONDA ACCORD
Copy: District Justice Defendant Return of Service Police 4/97wp
Page 2
Defendant Name:JON DAVID DEZAGOTTIS~
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Docket Number:
INCIDENT NO: 20010600107 CAM
ALCOHOL LEVEL: REFUSAL
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMON-WEALTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 3731 A1 OF THE ACT OF 75
ORTHE ORDINANCE OF
3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be
completed and sworn to before the issuing authority.)
· t forth in this complaint are true and correct to the best of my kno.,w,~,e, dge,eL[?,f.ormation
4. I venfy that the f.a..cts..se ...... ~,,, ,~,~,n~,rlv c. m[fleted and verified, and that ,tl~..r~l~ cause
d be ef cart ~y me comp~a~n~ nas ua.,,
an · . ....... ,'=~tlnn ix made subject to me penalties ct ~ec~ff~. ~,~e. oo~,~..~., .
for the issuance ct process. ~n~s w,,,,~ .....
Code (18 PA C S. 4904) relating to unsworn ~msmcauon
Date:
/ .
AND ~OW .............. . ......
' (Magi~erial DiUril) ' ~ ' ~ '
CAMP HILL POLi~E DEPT.
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20010600107 CAM DATE: 06/09/2001
OTN: L 092562-1
CHARGE(S):
75 3731 A1
COMMONWEALTH
DRIVING UNDER THE INFLUENCE OF ALCOHOL
VS JON DAVID DEZAGOTTIS
PG 1
#CTS
1
INFORMATION:
ON SATURDAY, JUNE 9, 2001, AT APPROXIMATELY 0132 HOURS, THIS
OFFICER WAS ON PATROL IN A MARKED PATROL VEHICLE SITTING IN
THE PCS-1 PARKING LOT LOCATED AT NORTH 32ND AND MARKET STREETS.
THIS OFFICER WAS OBSERVING THE INTERSECTION OF 32ND AND
MARKET STREETS AT WHICH TIME AN AQUA COLORED 1992 HONDA ACCORD
WAS OBSERVED TRAVELING EASTBOUND ON MARKET STREET. THAT
VEHICLE APPROACHED 32ND STREET AND SUBSEQUENTLY MADE A RIGHT
TURN ONTO SOUTH 32ND STREET AT A HIGH RATE OF SPEED. THIS
OFFICER NOTICED THAT THE VEHICLE WAS FACING A STEADY RED
TRAFFIC SIGNAL AT THE TIME OF THE TURN. NOT ONLY DID THE
DRIVER FAIL TO STOP AT THE RED LIGHT, THERE IS A SIGN POSTED
NO TURN ON RED WHICH PROHIBITS THE TURN AT THAT INTERSECTION.
THIS OFFICER PULLED BEHIND THAT VEHICLE AND DID ACTIVATE THE
EMERGENCY LIGHTS AND SIREN. THE VEHICLE CONTINUED TO
TRAVEL SOUTHBOUND ON SOUTH 32ND STREET IN THE LEFT HAND LANE.
AS THE VEHICLE APPROACHED ROUTE 581 THE DRIVER STOPPED HIS
VEHICLE IN THE MIDDLE OF THE LEFT HAND FORWARD LANE.
~HIS OFFICER PULLED THE PATROL CAR BEHIND THE VEHICLE, EXITED
THE VEHICLE AND APPROACHED ON THE DRIVER'S SIDE. THIS
OFFICER HAD TO ASK THE DRIVER TO PULL TO THE RIGHT OF THE
SHOULDER AS REQUIRED BY THE PENNSYLVANIA MOTOR VEHICLE CODE.
THE DRIVER GLARED AT THIS OFFICER IN A CONFUSED DAZE AS THIS
OFFICER EXPLAINED TO HIM SEVERAL TIMES THAT HE NEEDED TO PULL
HIS VEHICLE OFF OF THE ROADWAY ONTO THE SHOULDER. THE
DRIVER THEN EVENTUALLY COMPLIED.
~HIS OFFICER THEN APPROACHED THE VEHICLE ONCE AGAIN ON THE
DRIVER'S SIDE AND REQUESTED TO SEE THE DRIVER'S LICENSE,
REGISTRATION AND PROOF OF INSURANCE. AS THE DRIVER WAS
RETRIEVING THOSE DOCUMENTS THIS OFFICER NOTICED THAT THE
DRIVER'S MOVEMENTS WERE SLOW AND DELIBERATE. THIS OFFICER
ALSO OBSERVED THAT THE DRIVER HAD GLASSY, BLOODSHOT EYES AND
AN ODOR OF AN ALCOHOLIC BEVERAGE WAS DETECTED EMANATING FROM
THE VEHICLE. THIS OFFICER ALSO HAD TO EXPLAIN SEVERAL
TIMES TO THE DRIVER WHAT DOCUMENTS I WAS REQUESTING.
THIS OFFICER DID EVENTUALLY RETRIEVE THOSE DOCUMENTS AND THE
DRIVER WAS IDENTIFIED AS JON DAVID DEZAGOTTIS. IN TALKING
WITH DEZAGOTTIS HE HAD INDICATED HE WAS COMING FROM THE
KOKOMO'S BAR IN HAMPDEN TOWNSHIP WHERE HE HAD CONSUMED THREE
DRINKS OF LIQUOR. THIS OFFICER REQUESTED DEZAGOTTIS TO STEP
FROM HIS VEHICLE AND TO WALK BACK TO THE REAR OF HIS CAR AND
IN FRONT OF THE PATROL VEHICLE. AT THAT TIME HE DID COMPLY.
~S DEZAGOTTIS GOT OUT OF HIS CAR THIS OFFICER NOTICED THAT HE
HAD A DIFFICULT TIME MAINTAINING HIS BALANCE AS HE UTILIZED
HIS LEFT HAND TO SUPPORT HIMSELF AGAINST HIS CAR AS HE WALKED.
THIS OFFICER DID RUN DEZAGOTTIS THROUGH THE STANDARDIZED
FIELD SOBRIETY TESTS AT WHICH TIME HE PERFORMED THE FOLLOWING:
CAMP HILL POLI~E DEPT.
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20010600107 CAM DATE: 06/09/2001
COMMONWEALTH VS JON DAVID
OTN: L 092562-1
DEZAGOTTIS
PG 2
HORIZONTAL GAZE NYSTAGMUS-DEZAGOTTIS WAS WEARING GLASSES
AND DID REMOVE THOSE GLASSES DURING THIS EXERCISE. THIS
OFFICER NOTICED THAT HIS EYES DID NOT PURSUE SMOOTHLY TO
THE LEFT OR TO THE RIGHT; THERE WAS DISTINCT NYSTAGMUS AT
MAXIMUM DEVIATION, LEFT AND RIGHT; AND NYSTAGMUS ONSET BEFORE
45 DEGREES LEFT AND RIGHT. DEZAGOTTIS SWAYED AS HE STOOD
WALK AND TURN-DEZAGOTTIS COULD NOT KEEP HIS BALANCE THROUGH
THE INSTRUCTION STAGE AND REFUSED TO STAND IN THE HEEL TO
TOE FASHION. DEZAGOTTIS THEN TOLD THIS OFFICER THAT HE WAS
FLATFOOTED. HE WAS UNABLE TO MAINTAIN HIS BALANCE.
DEZAGOTTIS WAS EXPLAINED THE INSTRUCTIONS SEVERAL
TIMES BEFORE HE PERFORMED THE EXERCISE. DURING THE WALK AND
TURN DEZAGOTTIS MISSED HEEL TO TOE BETWEEN STEPS 3, 4, 5,
9 AND 10 ON THE FIRST SET AND STEPS 2, 3, 4, 5, 6 AND 12
ON THE SECOND SET. ALTHOUGH DEZAGOTTIS WAS INSTRUCTED TO
ONLY WALK NINE STEPS DEZAGOTTIS WALKED 11 STEPS ON THE FIRST
SET AND 13 STEPS ON THE SECOND SET. HE ALSO RAISED HIS
ARMS SEVERAL TIMES AND PERFORMED AN IMPROPER TURN.
THIS OFFICER THEN EXPLAINED AND DEMONSTRATED THE ONE LEG
STAND EXERCISE. DURING THE SET OF INSTRUCTIONS DEZAGOTTIS
BEGAN SMILING AND ~AUGHING THE~L.J~3-C~HE WANTED THIS
OFFICER TO REPEAT THE INSTRUCTIONS AGAIN. THIS OFFICER
DID REPEAT THE INSTRUCTIONS A SECOND TIME AT WHICH TIME
DEZAGOTTIS INDICATED THAT HE WAS COLD AND REQUESTED TO GET
HIS JACKET FROM HIS VEHICLE. THIS OFFICER ATTEMPTED TO
ACCOMMODATE DEZAGOTTIS AND ALLOWED HIM TO GO TO HIS VEHICLE
AND RETRIEVE HIS JACKET, HOWEVER DEZAGOTTIS TOOK A FEW
STEPS TOWARDS HIS CAR, THEN TURNED TO THIS OFFICER AND
INDICATED HE DID NOT HAVE HIS JACKET WITH HIM. WHILE
SMILING AND CHUCKLING DEZAGOTTIS THEN ASKED THIS OFFICER
TO REPEAT THE INSTRUCTIONS A THIRD TIME, AT WHICH TIME THIS
OFFICER DID REPEAT AND DEMONSTRATE THE ONE LEG STAND.
DEZAGOTTIS CONTINUED TO SMILE AND CHUCKLE AT WHICH TIME HE
REQUESTED THIS OFFICER TO EXPLAIN THE INSTRUCTIONS AND
DEMONSTRATE A FOURTH TIME. UPON COMPLETING THE INSTRUCTIONS
AND DEMONSTATION THE FOURTH TIME DEZAGOTTIS TOLD THIS
OFFICER THAT HE WAS UNABLE TO PERFORM THAT EXERCISE.
DEZAGOTTIS THEN INDICATED THAT HE LIKES TO PARTY AND HAVE A
FEW DRINKS FROM TIME AND TIME AND THAT HE IS NOT THREAT TO
SOCIETY.
BASED ON THIS OFFICER'S OBSERVATIONS AND THE STANDARDIZED FIELD
SOBRIETY TESTS THIS OFFICER DID PLACE DEZAGOTTIS UNDER ARREST
FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, AS IT WAS THIS
OFFICER'S OPINION THAT DEZAGOTTIS WAS INTOXICATED TO A DEGREE
WHICH RENDERED HIM INCAPABLE OF SAFE DRIVING. ALSO WHILE
OUTSIDE OF THE VEHICLE THIS OFFICER COULD DETECT AN ODOR OF AN
ALCOHOLIC BEVERAGE EMANATING FROM DEZAGOTTIS' BREATH.
CAMP HILL POLICE DEPT.
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20010600107 CAM DATE: 06/09/2001 OTN: L 092562-1 PG 3
COMMONWEALTH YS JON DAVID DEZAGOTTIS
DEZAGOTTIS WAS SECURED IN THE BACK OF PATROL CAR 4 AND TAKEN
TO THE WEST SHORE CENTRAL PROCESSING CENTER.
~HILE TRANSPORTING DEZAGOTTIS TO THE CENTRAL PROCESSING CENTER
HE CONTINUED TO REPEAT THAT HE WAS NO THREAT TO SOCIETY AND
THAT HE IS UNABLE TO HANDLE OTHER PEOPLE TELLING HIM WHAT TO
DO.
6PON ARRIVAL AT THE BOOKING CENTER THIS OFFICER MET WITH
BOOKING AGENT MATTHEW STONER. WHILE IN THE BOOKING CENTER
THIS OFFICER REQUESTED A BREATH SAMPLE FROM DEZAGOTTIS TO
DETERMINE HIS LEGAL BAC. D~_~AGOTTIS INDICATED HE WAS~GOING
, TO TAKE THAT TEST. THIS OFFICER THEN READ
NUMBERS 1-4, A,B AND C. UPON READING THAT FORM
DEZAGOTTIS INDICATED HE WILL REFUS,F,~T~ TAKE THAT TEST AND
THAT HE WILL NOT Lo~S LICENSE DUE TO HIS FUTURE
CO~RT~PR~_~_~INGS. DEZAGOTTIS THEN ~CHUCKLE AND
S~iI~,~ID_I~Q~D THIS OFFICER TO READ THE EL26 F~-RM TO
HIM A SECOND TIME. THIS OFFICER DID ACCOMMODATE HIM AND DID
READ THROUGH THE DL26 FORM A SECOND TIME. UPON COMPLETION OF
READING THAT DEZAGOTTIS INDICATED THAT HE WANTED TO SPEAK TO
HIS ATTORNEY AND THAT HE WAS GOING TO REFUSE TO TAKE THE
BREATH TEST. DEZAGOTTIS REFUSED TO SIGN THE DL26 FORM.
SUBSEQUENTLY DEZAGOTTIS WAS PROCESSED AND RELEASED.
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
Bik% , 20__ _ ,
~'i~ /~ ;~ //I//~. Y~'. $~..'.~'~W~'~CE IS THAT OF __
~,,,?~ a~,xCx~ ,,,'
2 COPIES - DIS~RIC~ 5DS~ICE 1 COPY - BDRDhH OF POLICE
OL*ZS (r-~2) CHEMICAL TESTING WARNINGS AND REPORT OF
REFUSAL TO SUBMiT TO CNEMICAL TESTIHG AS C)~. 61'02 1
AUTHORIZED BY ~ OF THE VEHICLE CODE
NAME
!. Please ~ ~ ~ you am no~ un~r ~st Io~ ~ivlng un~ ~ influence el ~oohol or m ~n~oll~ ~ubstan~ pursuit ~ ~on 8731 el
~e Veh~e ~. ~ (~ea~, blo~ or urine. ~fl~r ~se. ~e ~ teaL)
2. I ~ req~sdng that you submit to a ~eml~l test of _ -
3. It is my du~, as a poll~ olfi~r, to Inlo~ you ~at If you reluse to submit tn ~ ~eml~l test y~r operating privilege will be suited for
u~n ~e fight to s~akwi~ ale
~ ............. ~:mmal delv.~nt, ~mm~y ........ -- -~=m~l ~sd~ vm~re undo
4. a) ~e ~nsfitu~nm ngn~ you .~vu~ ~0 ~mlnal ~ee~ud~s a~ ~o not app,y ~
~e right to amain sll~k a~y o~ ~_~..~ ~.~e~n~. - "~' ~e -olice olfl~r nor do y~
Consort w, whl~ Is a ~vll, no~ · ~,'""'~ ~' ' ~n ~e chemical ~st r~uesteo o~
'~ ........ ~n as~ by the p~ o.~r ~ -~ ----.:-- -~lene wil ~ suspe~ I~ ~e ye~. _~: .... n~ nros~udon lot ~lv~g
roman s,~,,~m ~ ~.m~ to be m~cet 0~ your ~,~,~y .... ~t.w may ~ In~U~= ate e;oe.~ ...........
your co~c ..... :- :.. _~ _ ~: ,.~dnn u~r ~6 implleO ye,,.- ..........
c) Your relu~l to ~omtt to ~e..~, ~....=
while under ~e bflue~e el almh~ or · ~nU~l~ subs~n~.
I car"fy that I have ~ t sun ve w.n~O = the mo~;t re~ln~e suspension el ~.lr operating privilege .n~O.~ ~ mr~st mn o~'~'
nJty to submit ~ ~. 'ol Officer:~
Oate:
~oto~st relused to si n, alter being advise D~ta: _
g SignatUr®,of Olfi~er:~~ ' / ~ -
~': - ' ' ~ " AFFIDAVIT
. ...:.... :.:
1. The aboVe motorist was ~a~ un~r arrest for ddvlng Un~; ~ InllUe~ of a~hol or a ;onu~led substande In viola~on
V~icle Co~, and ~ere were ress~=ble grou~S to be~e~ ~t ~e m~ve motofist had ~en ~vlng, operating or In .~al phytl~ ~n~ol
the movement el a motor vehicle while u~er ~e influ~ of al~l ~ · ~ntroged'subs~n~ ~ bo~.
That the a~ve n~ed mot~lst was involved in an a~l~t In whi~ ~e operator or passenger o any vehicle In~lved or
facili or was HIl~d. . ......... u~o~z~ by SecUon 1547 of the Veh~M C~e.
~ea~ent at a m~ ~_ -,,halt tO cneml~ ma.ag a.. . · .... =, ...... nh 3 and 4
2. ~e above motor st wa, m~est~ to .::~;:..m~r of ~e ~am~l ~st wa~ng, ~nm,nuu ,,,
3. T~ above aero,st was infor~d by · ~,, ......... '
4. I.I le~l, you mutt ;1111 give b~ mo~rl~l ~. opportu-
T~ abo~ ~d motodst relused tn submit to chemi~
..... · -~-- ;~ riel i r~lut~l to submit lo the =he~ ...... merel;I meier vehlele whll~ h.vlng
· The relu;M lo ~gn m~..~.,~,_ '~-m II ~1 IndlvlduM w;~ ep~m,-. - .... __.
.~coh ~ r- '
Olflcer Signature:~ ~ '
, ~o 8~RN
Department el Transportation
Bureau of Driver'Licensing .~ /
P.O. 6ox 2253
Harrisburg, PA 17105 / ~,/~. ~ /
THIS FORM ~AY BE DUPLICATED
Badge Number: _/7-/~-
Phone: 70
Mailing Address ~'/~/'t7 f~ ~ C ~'~
Note: Any pertinent lacts not covered by the affidavit should be eubmlttad on a
Jurisdiction:,C-'~/9?Jp /'/'~('" ~c~C .~'
separate sheet and attached hereto. That sheet should Include the names of
additional witnesses necessary to proVe the elements to which you have ebestad..
ADDITIONAL SUPPLIES OF THIS FORM MAY BE SECURED BY COMPLETIHG FORM OS-51 IA
JON DEZAGOTTIS, :
Petitioner :
V. :
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION,:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01-4512 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of Deceraber, 2001, after
hearing and consideration of the testimony presented, the appeal
of the petitioner is dismissed and the suspension is reinstated.
By the Court,
Brian W. Perry, Esquire
For the Petitioner
George H. Kabusk, Esquire
For the Defendant