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HomeMy WebLinkAbout10-6731~o/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CHRISTOPHER P. WEEMS VS. No. 10 -10731 ~ 'ITrtYI COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING SCHEDULING ORDER AND NOW, this ~ ~ day of 0 C~ 6-~P~L. , 2010, upon presentation of the within Petition, a hearing is scheduled for ~Q/~ ~ , 2010, at p~ . ~J ~ o'clock ^~rn.., in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. By The Court ocT 2 5 2010 n ~ ~ ~.O c e s rr~ c C . Gt~EF..m.S ~~ ~E~ lO~a.4/t!~ C'7 ~ N ~~ ~ ~ _ . i 1 .~» ~ ----I 7 -~ ~ ' .~ ! r 1 ~ C~.? i ~_q.~, ~~ ~ ~ --~; ° CHRISTOPHER P. WEEMS, 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 10-6731 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 7th day of December, 2010, the Petitioner having appeared for hearing on his appeal from the suspension of his operating privileges and having requested a continuance, this matter is continued until Friday, February 11, 2011, at 10:30 a.m. By the Court, Albert H. Mas and, J. 35 stopher P. Weems, Petitioner pro Se ?--- North Middlesex Road Carlisle, PA 17013 lip M. Bricknell, Esquire Office of Chief Counsel 1101 South Front Street- 3rd Floor Harrisburg, PA 17104-2516 For the Respondent pcb C& t leS, r ? cl. la, a1/0 trm a '° ° . =-%j - t r c? C:) cn + C7 co -+o c p w ? -p - ry =G v N ?rn ; o W -? i , CHRISTOPHER P. WEEMS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V -? COMMONWEALTH OF PENNSYLVANIA, : r? DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, 0 Respondent NO. 10-6731 CIVIL TERr4? ±_ ORDER OF COURT AND NOW, this 11th day of February, 2011, upon--+ consideration of petitioner's appeal from a suspension of ` operating privilege, and after a hearing at which the petitioner failed to appear but at which the Commonwealth did present evidence, we make the following findings of fact: 1. On September 10, 2010, at approximately 2:18 a.m., Patrolman Joshua Bucher observed the petitioner operating a vehicle in a careless and haphazardous manner in the borough of Carlisle. 2. When confronted by Patrolman Bucher of the Carlisle Police Department, the petitioner was visibly intoxicated and exhibited various indications, such as a strong odor of alcoholic beverages. 3. Petitioner was somewhat unintelligible and he was uncooperative with the police officer during his investigation. 4. The petitioner admitted having consumed alcoholic beverages but protested that he was under the legal limit. 5. The petitioner failed various standard field sobriety tests. 6. The petitioner was placed under arrest and transported to the Carlisle Regional Medical Center for the purposes of having a blood test administered. 7. Patrolman Bucher clearly read the chemical test warnings to petitioner from the DL-26. 8. Defendant refused to sign the DL-26. 9. The petitioner was not confused about the information written in the DL-26 form as read to him by Patrolman Bucher. 10. After hearing the testimony of Patrolman Bucher and reviewing Commonwealth's Exhibit No. 1, the Court finds the evidence presented to be credible and diapositive. 11. The petitioner refused to submit to chemical testing. Accordingly, it is hereby ordered and directed that the petitioner's appeal of his license suspension is dismissed, and the supersedeas formerly granted in this case is rescinded. By the Court, Albert H. Mas and, J Philip M. Bricknell, Esquire For the Department of Transportation ? Christopher P. Weems ?J 35 North Middlesex Road C ry'p? 1`^ Carlisle, PA 17013 `T it, 4111 Ow a prs 5-9