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Home My WebLink About10-5677FILED-(Y',"CE JOSHUA NAVARRE Rrc: '.: 0 Imo: IN THE COURT OF COMMON PLEAS OF Appellant P'c 1114'SYLVANA : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10 - SOP 0,W-,t &'14 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW comes the Appellant, Joshua Navarette, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant, Joshua Navarette, resides at 601 East Coover Street, Mechanicsburg, PA 17055. 2. Appellant has been accused of refusing to submit to a chemical test and was given an Office Notice of Suspension, mailed August 2, 2010, see Exhibit A, Official Notice of Suspension. 3. Appellant denies he refused to submit to a chemical test. 4. Appellant submits the police officer lacked a reasonable basis to believe Appellant was under the influence of alcohol. 5. Appellant submits the police officer lacked a reasonable suspicion to believe Appellant was under the influence of alcohol. 6. Appellant's actions did not constitute a refusal to take a chemical test. 7. Appellant respectfully requests your Honorable Court grant a supersedeas of any suspension of his license until a hearing has been held. 49x.00 tp? wTT/ 0,4 110 P-W as Wa7 WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a supersedeas of any suspension until this matter is resolved regarding the underlying conviction of Section 1547. Date: Patri k K La r, Jr., Esquire Law Offices f Patrick F. Lauer. Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID4 46430 Tel. (717) 763-1800 JOSHUA NAVARRETE, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Joshua Navarrete, hereby verifies and states that: I am the attorney for Appellant, Joshua Navarrete; 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. Date: Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID4 46430 Tel. (717) 763-1800 Exhibit "A" Aug 016 10 11 104a Staff ma k 717_243-5603 p.1 CUMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Rate: AUGUST 02, 2010 jOMA NAVARRETE WID 4 102076123535786 DUI 1601 E COOVER ST PROCES'SIN6 DATE 07/2612010 DRIVER LICENSE ? 22991349 MECHANICSBURG PA 17USS DATE OF 619TH 05/31/1973 -Re_ar_MR_ NAVARRETE;. - This is an Official Notice of the Suspension of Your Driving Privilege as authmrized by Section 154781I1 of the Pennsylvania Vehic3e Code. As a result of your violation of Section 1547 of the Vehicle Cade, CHEMICAL TEST REFUSAL, on 07/10/2010: v Your driving privilege is SUSPENDED for a period of IS MONTH(S) effective 09/06/2010 at 12:01 a.m. COMPLYING WITJ THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in hour possession an or before 09/06/2010. You may surrender these items before, 04/06/2010, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTiFXCAT'ION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 012.00. You must present: two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage cert.ifir-ate, etc.-) in -order to obtain your photo identification card. You will not receive credit toward serving any suspenslon until we receive your license(s). Complete the following steps to acknowledge this suspension, 1. Return all currant Pennsylvania driver's licenses, learner's Permits and/or camera cards to PennOCT. if 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 nct retain your driver's license for identification purposes. Please send these items tor Pennsylvania Department of Transportation Au,a 0G 10 11 04a Staffrna?k. 717-243-5803 p.1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 02, 2010 JOSHUA NAVARRETE RIB # 102076123535786 071 601 E CLOVER ST PROCESSIN6 DATE 07/26/2010 DRIVER LICENSE * 22999349 MECHANICSBURG PA 17055 DATE OF BIRTH 05/91/1973 --- - -Beare MR. NAIJ,CRRETE; This is an Officlal Notice of the suspension of your Driving Privilege as authorized by Section 15478111 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 07/10/20100 Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 09/06/2010 at 12:01 a.m. COMPLYING WIT4 THIS SUSPENSION You mu3t return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your Possession an or before 0910612010. You may surrender these items before, 09/06/2010, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVERf S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photc identification card at any Driver License Center for a cost of 012.00. You must present two (2) forms of proper iden- tification (e.g.., birth certificate, valid U.S. passport, marriage certificate, a c.-) in -orde-r to o-btain your photo identification card. You will not receive credit toward serving any suspension until we receive your llcense(s). Complete the fallowing steps to acknowledge this suspension. 1. Return all current Pennsylvania driv?r0s licenses, learner's Permits and/or camera cards to PennDCT. if you do not have any of, these items, seri,d a sworn nota- rized letter stating ycu 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 tn! Pennsylvania Department of Transportation Auy 06 10 11,04a Staffima,k 717-243 L;&u3 p.1 i e CUMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF s'RAMSPORTATION Bureau of Driver Licensing Mail Rate: AUGUST 02, 2010 JOSHUA NAVARRETE WID 4 102076123535786 UUJ 601 E COOVER ST PROCESSING DATE 07/26/2010 DRIVER LICENSE 0 22999349 MECH,ANICSBURG PA 17055 DATE OF BIRTH 05/31/1973 I e_ar_MR. NAVARRETE= This is an Offiicial Notice of the Suspension of Your Driving Privilege as authorized by Section 15478111 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 0711012010: Your driving privilege is SUSPENDED for a period of IS MONTH(S) effective 09/06/2010 at 12r0l 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 09/06/2010. You may surrender these items before, 09/06/2010, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDEN" XFZCIAT'ION PURPOSES. However, You may apply for and obtain a pnotc identification card at any Driver License Center for a cost of 112.00. You must present two (2) forms of Proper iden- tification (e.g.., birth certificate, valid U.S. passport, ma-r-riage certifir-ate, etc.-) .. in -order to ubtain your photo identification card. You will not receive credit toward serving any suspension until we receive your licence(s). Complete the 'Fallowing steps to acknowledge this suspension. 1. Return all currant Pennsylvania driver's licenses, learner's Permits and/or camera cards to PennDOT. If you do not t4ave 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 JOSHUA NAVARRETE, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee : 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, 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 ly submitted, Date: Patrick F. Dauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 SEP p < Zd; ~ JOSHUA NAVARRETE, Appellant :1N THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. tb - 5!077 l.~ v~ ~Ter`t~ COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License I ~l _ ~' ~ r AND NOW this day of 2010, upor~on~rat~ 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 ~~~ , at p- W~ a.m./pan. in Courtroom No. 5 of the Cumberland County Courthouse, DEPARTMENT OF TRANSPORTATION, :Suspension. _,~ ,~ BUREAU OF DRIVER LICENSING, c ~' Appellee ~ ~ ~ ~,~ ~ .~ e~ cn ~:; ~ -r ~ ~ _ (~RnFR nF C'nT1RT ~~" ~~ ro ~ `'~. ,~~ Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: Third Floor, Riverfront Q~ ylvania Department of Transportation, Office of Chief Counsel, Office Center, Harrisburg, PA 17104 k F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 !~ U ~/~ JOSHUA NAVARRETE, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent 10-5677 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 7th day of December, 2010, after hearing in the above-captioned matter at which the Petitioner/Appellant failed to appear, the Court finds that the Commonwealth of Pennsylvania, Department of Transportation, has met its burden and proven this case by a preponderance of the evidence and, therefore, the previous suspension of the Appellant, Mr. Navarrete, is affirmed. Mr. Navarrete's appeal is dismissed. By the Court, lbert H. Ma land, J. C-1 Patrick F. Lauer, Esquire 2108 Market Street y` r' Aztec Building rn Camp Hill PA 17011-4706 For the Petitioner ZZ -n hilip M. Bricknell, Esquire :a?, o -n Office of Chief Counsel ' C 1101 South Front Street- 3rd Floor ;° y Harrisburg, PA 17104-2516 K Cr) For the Respondent pcb I z?S /Yt?( LL