HomeMy WebLinkAbout11-4183s
Lee S. Cohen
PA ID No. 89278
KELLY, PARKER & COHEN LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
717-920-2220
FAX 717-920-2370
Icohen@kpc-law.com
FILED-CF .`r'+
i HtC C l1 -11'1 iW0
2011 MAY -6 P111 12: ?')
GUMBERLAIN D CtF !
CARLY M. ORRIS, IN THE COURT OF COMMON PLEAS
Appellant CUMBERLAND COUNTY,
PENNSYLVANIA 22
V. NO:
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Appellee
APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES
Petitioner Carly M. Orris by and through her counsel, Kelly, Parker & Cohen LLP,
respectfully requests that this Honorable Court order the Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Driver Licensing ("Department") to strike the
suspension of her privileges to operate a motor vehicle (Pennsylvania Operator's No. 24291208)
and, in support thereof, sets forth the following:
1. This Court has jurisdiction to consider this Appeal pursuant to Section
933(a)(1)(ii) of the Judicial Code, 42 Pa. C.S.A. § 933(a)(1)(ii) (Supp. 2009), and Section
1550(a) of the Vehicle Code, 75 Pa. C.S.A. § 1550(a).
2. Petitioner Carly M. Orris resides at 2165 S. Front Street, Steelton, Pennsylvania
17113. Petitioner's Pennsylvania Operator's No. is 24291208.
3. Ms. Orris was stopped on March 9, 2011 while operating her vehicle on 32°a
Street in Camp Hill, Pennsylvania, by Officer John K. Kidman, Camp Hill Police Department.
See Criminal Complaint, attached as Appendix A
4. Officer Kidman arrested Ms. Orris for suspicion of driving under the influence of
alcohol. See Appendix A.
5. Thereafter Ms. Orris was transported to the Cumberland County Booking Center
for a chemical test of her breath. See Appendix A.
6. According to the Criminal Complaint, Officer Kidman read Ms. Orris her
chemical test warnings and Ms. Orris agreed to "take a breath test." See Appendix A.
7. However, Ms. Orris suffers from emphysema and has a scarred lung due to
pneumonia, which renders her physically incapable of completing a breathalyzer test. See
Appendix B.
8. Ms. Orris' inability to perform the breathalyzer test due to her emphysema was or
should have been obvious.
9. As a result, Ms. Orris was unable to provide a sufficient breath sample without the
use of her inhaler.
10. However, Ms. Orris was not permitted to use her inhaler.
11. Instead of either allowing Ms. Orris the use of her inhaler so she could give a
sufficient breath sample, or taking a sample of Ms. Orris' blood, Ms. Orris was deemed to have
refused to provide a breath sample.
12. Thereafter, Ms. Orris was charged with "Driving under the Influence of Alcohol,"
75 Pa. P.S.A. § 3802 ("DUI")
13. Section 1547 of the Motor Vehicle Code states:
2
Any person who drives, operates or is in actual physical control of the
movement of a vehicle in this Commonwealth shall be deemed to have
given consent to one or more chemical tests of breath, blood or urine for
the purpose of determining the alcoholic content of blood or the presence
of a controlled substance if a police officer has reasonable grounds to
believe the person to have been driving, operating or in actual physical
control of the movement of a vehicle:
(1) in violation of section ... 3802 (relating to driving
under influence of alcohol or controlled substance) ....
(b) SUSPENSION FOR REFUSAL.-
(1) If any person placed under arrest for a violation of section 3802
is requested to submit to chemical testing and refuses to do so, the
testing shall not be conducted but upon notice by the police officer,
the department shall suspend the operating privilege of the person as
follows:
(i) Except as set forth in subparagraph (ii), for a period of 12
months.
75 Pa.C.S.A. §1547 (emphasis added).
14. However, When a licensee's failure to produce a sample was due to a physical
inability caused by a medical condition unrelated to ingestion of alcohol or drugs, such a failure
shall not be considered a refusal. Sweeney v. Department of Transportation, Bureau of Driver
Licensing, 804 A.2d 685, 687 (Pa. Cmwlth. 2002); Pappas v. Department of Transportation,
Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa. Cmwlth. 1996).
15. At no time did Ms. Orris refuse to submit to the breath test.
16. Instead, Ms. Orris was physically unable to take the breathalyzer test because of
her emphysema and as a result of her scarred lung due to pneumonia. See Appendix B.
WHEREFORE, Appellant Carly M. Orris respectfully requests that this Court consider
and grant her Appeal and direct that the Commonwealth of Pennsylvania, Department of
Transportation, cancel and withdraw its Official Notice which has a mailing date of April 6,
2011 (attached as Appendix C1) and direct that Ms. Orris' operating privileges not be suspended.
Respectfully submitted,
A,4? S. Cohen
Attorney No. 89278
KELLY, PARKER & COHEN LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
(717) 920-2220
FAX (717) 920-2370
lcohen@kpc-law.com
Dated: May 6, 2011
Counsel for Appellant Carly M. Orris
` The Official Notice of Suspension dated April 6, 2011 is attached in accordance with Section 1550(a) of the Motor
Vehicle Code.
4
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Ar I11"1 an Ll A 1 n1-% Annl A IAIT
COMMONWEALTH Or P'L?LOI?C UM111VIIIIVHL d.vsvss-s_r?slel s
PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Cumberland Summons VS.
Magisterial District Number: 09102
DEFENDANT: (NAME and ADDRESS):
MDJ: Hon Barbara A Clare
ess:
State St
Add Carly Michelle Orris
r
1901 First Name Middle Name Last Name Gen
Camp Hill PA 17 011
Telephone 71'7 7 61 0583 2165 S Front St
Steelton PA 17113
..
::NCIC;Extradition Code Type
? 1-Felony Full ? 4-Felony No Ext. ? B-Misdemeanor Limited ? E-Misdemeanor Pending
? 2-Felony Ltd. ? 5-Felony Pend. KI C-Misdemeanor Surrounding States ? Distance:
? 3-Felony Surrounding States ? A-Misdemeanor Full ? D-Misdemeanor No Extradition
DEFENDANT IDENTIFICATION 'INFORMATION
c et Number Date Filed OTN/LiveScan Number Complaint./Incident Number SID Request Lab Services?
YES
(PL/ -/? L 617914-3 2011030.0118 CAM
?
_
06 24 1977 POBPA Harrisbllrc?_ Add' IDOB Co-Defendant(s) ?
GENDER DOB
_
First Name Middle Name Last Name Gen.
Female [AKA Carly Orris
RACE white
ETHNICITY n-
HAIR COLOR
BRO - Brown
EYE COLOR
BRO - Brown
Driver License State License Number Expires: 0 6 2 5 2 0 WEIGHT`(lbs:)
DNA ?jo DNA Location 165
FBI Number
k:li MNU Number ' `
857516RB7
Ft. HElGHT.In;
Defendant Fingerprinted (Y/N) 5 1
Fingerprint Classification:
DEFENDANTMEHIQLE INFORMATION
Plate # State Hazmat Registration Comm'I Veh.
? School
? Oth. NCI?Voh_ o de Reg.
same
FSC-0121 PA El Sticker(MM/YY) Ind. Veh. as Def.
VIN Year Make Model Style Color ?
Office of the attorney for the Commonwealth ? Approved n Disapproved because:
(The attorney for the Commonwealth may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior
to filing. See Pa.R.Crim.P. 507).
(Name of the attorney for the Commonwealth) (Signature of the attorney for the Commonwealth) (Date)
I,PO John K Kidman BADGE 177
(Name of the Affiant) (PSP/MPOETC -Assigned Affiant ID Number & Badge #
of Camp Hill Police Dept. PA0210100
(Identify Department or Agency Represented and Political Subdivision) (Police Agency ORI Number)
do hereby state: (check appropriate box)
1. L? I accuse the above named defendant who lives at the address set forth above
? I accuse the defendant whose name is unknown to me but who is described as
? I accuse the defendant whose name and popular designation or nickname are unknown to me and whom I have
therefore designated as John Doe or Jane Doe
with violating the penal laws of the Commonwealth of Pennsylvania at [ 401 ] Cam-o Hill Borough
(Subdivision o e (Ta_cedi IcaTSuT?divlslon
(' ?^ n?? -? a ?? N 2 "t s t S t C am?D H i l l
in Cumberland County [ PA021 ] on or about 03 09 2011 0145 HRS
(County Code)
POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number CNumber
f L 617914-3 300118 CAM
First: Middle: Last:
,Defendant Name
Carl Michelle Orris
The acts committed by the accused are described below with each Act of Assembly or statute violated, if appropriate. When
there is more than one offense, each offense should be numbered chronologically.
(Set forth a briefs ummary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) violated, without
more, is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated. The
age of the victim at the time of the offense may be included if known. In addition, social security numbers and financial information (e.g. PINS) should not
-4 -- ......-f ..,,,mot hP Pstahlished. list oniv the last four digits. 204 PA.Code §§ 213.1 - 213.7.)
Inchoate" y ? Attempt ? Solicitation ? Conspiracy
18 903
ftfie'nse 18 901 A 18 902 A
l
01
2 1
3 8 0 7 5
e""
essit
1
M1.
5404
90D
Title)
t
t
S Counts Grade NCIC Offense Code UCRlNIBRS Code
Lead? O ffense# Section e
ta
u
Subsection PA (
-'P960DOT;Data Occident' ? Safety Zone ? Work Zone
(if applicable)' Number:.
Statute Description (include the name of statute or ordinance):
Driving Under The Influence Of Alcohol
Acts of the accused associated with this Offense:
DEFENDANT DID DRIVE, OPERATE, OR t\TAS IN ACTUAL PHYSICAL CONTROL
OF ANY VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL OR
ANY CONTROLLED SUBSTANCE, OR' COMBINATION OF ALCOHOL AND
CONTROLLED SUBBSTANICE, TO SUCH A DEGREE THAT HE IS INCAPABLE OF
Cate, 1 ? Attempt
nca ` 18 901 A
? Solicitation
18 902 A
? Safety Zone
Conspiracy
18 903
? I I J t en
Lead? Offense# Section Subsection PA Statu
PeririDOT.Data Accident
(if applicable) Number
Statute Description (include the name of statute or ordinance):
Acts of the accused associated with this Offense:
NCIC
? Work Zone
I Inchoate ? Attempt E] Solicitation I ? Conspiracy
0ffense' 18 901 A 18 902 A 18 903
? I I I s t'"?t'A per I
Lead? Offense# Section Subsection PA Statute (Title) Counts Grade NCIC offense Code UCRlNIBRS Code
PerinDOT.Data Accident ? Safety Zone ? Work Zone
(if applicable) Number
Statute Description (include the name of statute or ordinance):
Acts of the accused associated with this Offense:
POLICE CRIMINAL COMPLANT
Docket Number: Date Filed: OTNlLiveScan Number Complaint:/Incident Number
t3 Jo // L 617914-3 20110300118 CAM
First: Middle: Last:
Defendant Name Carly Michelle Orris
2. 1 ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have
made.
3. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief.
This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating to
unsworn falsification to authorities.
4. This complaint consists of the preceding page(s) numbered 1 through 2 .
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited.
(Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.)
(Date) (Signature of Afriant)
AND NOW, on this date I certify that the complaint has been properly completed and verified.
An affidavit of probable cause ust be completed before a warrant can be issued.
(Magisterial District Court Number) *(Issuing uthority)
T , rr
20110311 005723
Page 3 of 3
POLICE CRIMINAL COMPLAINT
Number:
),L)-/
Defendant Name:
Date Filed: OTN/LiveScan Number complaint/Incident Number
?/G ? - I
first: i die: Last:
AFFIDAVIT of PROBABLE CAUSE
75 3802 Al
DRIVING UNDER THE INFLUENCE OF ALCOHOL M1 1
COMMONWEALTH VS CARLY MICHELLE ORRIS
INFORMATION:
AT ABOUT 0145, 03/09/2011, CUMBERLAND COUNTY DISPATCH
BROADCASTED A BOLO FOR A BLACK PONTIAC GRAND-AM BEARING
PENNSYLVANIA REGISTRATION FSC-0191. THE FEMALE OPERATOR WAS
REPORTED TO BE DRIVING INTOXICATED. SHE WAS TO BE TRAVELING
FROM UPPER ALLEN TWP. TO STEELTON BOROUGH, DAUPHIN COUNTY.
BRIAN CAMERLIN WAS THE COMPLAINTANT WHO HAD CALLED CUMBERLAND
JUST DROVE
COUNTY DISPATCH. ROLO COURT ADDRESS REPORTED INTHAT HIS OXICATED GIRLFRIEND
AFTER A
FROM HIS DOMESTIC
DISPUTE.
I PARKED MY PATROL CAR IN THE FRIENDLY'S RESTURANT PARKING LOT
AT SOUTH 32ND STREET AND MARKET STREET TO WATCH FOR THE BLACK
GRAND-AM. AT ABOUT 0153 HOURS, I SAW A BLACK PONTIAC GRAND-AM
DRIVING NORTH ON 32ND STREET. I COULD SEE THE VEHICLE WAS
OCCUPIED BY A WHITE FEMALE OPERATOR. I PULLED BEHIND THE
GRAND-AM AND SAW IT DISPLAYED A PENNSYLVANIA REGISTRATION OF
FSC-0121. BELIEVING THIS TO BE THE BOLO VEHICLE, I BEGAN
FOLLOWING IT NORTH ON THE CAMP HILL BYPASS. I NOTED THAT THE
GRAND-AM WAS WEAVING WITHIN IT'S LANE UNTIL IT DRIFTED OVER
THE FOG LINE IN THE 2700 BLOCK OF CUMBERLAND BLV. I RADIOED
CUMBERLAND COUNTY DISPATCH AND ADVISED THEM THAT I WAS BEHIND
THE VEHICLE. I ACTIVATED MY EMERGENCY LIGHTS AND STOPPED THE
GRAND-AM ON THE CAMP HILL BYPASS AT NORTH 21ST STREET.
-SOL`-
I, , BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN
THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION
AND BELIEF.
(Signature of Affiant)
Sworn to me and subscribed bef , e me this /0 day of MA ?LC-I-
(?. f Date k?l
My commission expires ? t Monday of January,
n„ n z-, 1 nr)r,7
2-011
Magisterial District Judge
Page i of
POLICE CRIMINAL COMPLAINT
AFFIDAVIT CONTINUATION PAGE
Do ket Number: Date Filed: OTN/LiveScan Number Compiaintllncident Number
T. el - 1 20-11 n-?nni i R (,AM
First: Middle: Last:
Defendant Name:
CARLY MICHELLE ORRIS
AFFIDAVIT of PROBABLE CAUSE CONTINUATION
I APPROACHED THE GRAND-AM AND IMMEDIATELY DETECTED A STRONG
ODOR OF AN ALCOHOLIC BEVERAGE, EVEN BEFORE REACHING THE
DRIVER'S SIDE DOOR. I REACHED THE DRIVER'S SIDE DOOR AND
REQUESTED DRIVER'S LICENSE, REGISTRATION AND INSURANCE CARD.
THE OPERATOR WAS IDENTIFIED AS CARLY ORRIS. I ASKED ORRIS
IF SHE HAD BEEN COMING FROM HER BOYFRIEND'S HOUSE IN UPPER
ALLEN TOWNSHIP. SHE STATED THAT SHE WAS.
SHE EXPLAINED THAT SHE HAD BEEN IN A DOMESTIC DISPUTE WITH
CAMERLIN AND SHE WANTED TO LEAVE. SHE STATED SHE DID NOT FEEL
SAFE AT HIS HOUSE. I ASKED IF THE DISPUTE WAS PHYSICAL. SHE
REPLIED IT WAS A PUSHING MATCH, BUT SHE WAS NOT INJURED.
I ASKED ORRIS IF SHE HAD BEEN DRINKING. SHE STATED THAT SHE
HAD BEEN DRINKING BEER. I ASKED ORRIS TO SUBMIT TO A
PRELIMINARY BREATH TEST. SHE AGREED. I ASKED ORRIS TO
STEP FROM HER VEHICLE TO PERFORM A SERIES OF STANDARD FIELD
SOBRIETY TEST. ORRIS SHOWED SIGNS OF INTOXICATION WHILE
DOING THE TEST.
I ASKED ORRIS HOW OFTEN SHE DRINKS ALCOHOL. SHE STATED
"EVERY DAY." IT WAS MY OPINION THAT ORRIS WAS UNDER
THE INFLUENCE OF ALCOHOL TO A DEGREE THAT RENDERED HER UNSAFE
TO OPERATE A MOTOR VEHICLE. I ADVISED ORRIS THAT SHE WAS UNDER
ARREST FOR DUI. AT ABOUT 0208 HOURS, ORRIS WAS TRANSPORTED
TO THE CUMBERLAND COUNTY BOOKING CENTER FOR A CHEMICAL TEST OF
BREATH.
ORRIS WAS RELEASED TO BOOKING OFFICER COHICK FOR CRIMINAL
PROCESSING AND CHEMICAL TESTING. AT ABOUT 0300 HOURS, I
ADVISED ORRIS OF HER CHEMICAL TEST WARNINGS BY READING THE
DL-26 FORM TO HER. SHE ACKNOWLEDGED THE WARNINGS, SIGNED THE
FORM AND AGREED TO TAKE A BREATH TEST. OFFICER COHICK GAVE
ORRIS P_ INTOXYLIZER 8000 BREATH TEST. ORRIS FAILED TO GIVE A
SUFFICIENT BREATH SAMPLE. OFFICER COHICK ATTEMPTED THE TEST
MULTIPLE TIMES, HOWEVER ORRIS NEVER DID GIVE A SUFFICIENT
BREATH SAMPLE. OFFICER COHICK DEEMED HER ACTIONS AS A REFUSAL.
ORRIS WAS PROCESSED FOR DUI AND RELEASED.
THIS OFFICER BELIEVES THERE IS SUFFICIENT PROBABLE CAUSE TO
CHARGE ORRIS WITH DUI.
_;2:_ ? t
(Signature of Affiant)
'+.'.?".J:?? C ?h ¢ rev a ?? r ? _..:,::_ .__ ..._.. _.__._._ ..___._• - .
?Xfh???
PINNACLEHEALTH
FAMILY CARE MIDDLETOWN
1022 NORTH UNION STREET
MIDDLETOWN, PA 17057
Phone: (717)944-0491 Fax: (717)944-1436
03/31/2011
CARLY ORRIS
2165 S FRONT ST
STEELTON, PA 17113
To Whom It May Concern:
Patient Carly Orris has been under my care for years and has been treated for
Emphysema along with a scarred lung from Pneumonia. Patient uses an inhaler to treat this.
Sincerely,
ALBRIGHT IV MD, WILLIAM
e6//? P ?7-
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: APRIL 06, 2011
CARLY M ORRIS WID # 110896746446427 001
2165 S FRONT ST PROCESSING DATE 03/3012011
DRIVER LICENSE # 24291208
STEELTON PA 17113 DATE OF BIRTH 06/24/1977
Dear MS. ORRIS:
ii,is is an U`rt1C1aa Notice of the Suspension of Your Driving
Privilege as authorized by Section 1547BII of the
Pennsylvania Vehicle Code. As a result of your violation
of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL,
on 03/09/2011:
¦ Your driving privilege is SUSPENDED for a period of 1
YEAR(S) effective 05/11/2011 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 05/11/2011. You may
surrender these items before, 05/11/2011, 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 $13.50. 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 Phu,la 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:
110896746446427
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 140T satislfy
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".
110896746446427
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, APRIL 06, 2011, 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 05/11/2011.
Sincerely,
Janet L. Dolan, Director
Bureau of Driver Licensing
INFORMATION 8:00 a.m. to 5:00 p.m.
IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676
OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380
WEB SITE ADDRESS www.dmv.state.pa.us
CARLY M. ORRIS,
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Respondent
PENNSYLVANIA
NO:
VERIFICATION
I, Carly M. Orris, verify that the facts set forth in the Appeal from Suspension of
Operating Privileges are true and correct to the best of my knowledge, information, and belief. I
understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904
relating to unsworn falsification to authorities.
ti
S (?
Date Carly M. 's
IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY,
CERTIFICATE OF SERVICE
On this 6th day of May, 2011, I, Wanda L. Hoffman, a paralegal with the law firm of
Kelly, Parker & Cohen LLP, hereby certify that I have served this day a true and correct copy of
the foregoing APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES upon the
person(s) and at the address(es) below named by United States First Class Mail, postage prepaid
in Harrisburg, PA:
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 South Front Street, 3Td Floor
Harrisburg, PA 17104-2516
Wanda Llloffn6
s
r '
Lee S. Cohen, Esq.
Attorney ID 89278
Kelly, Parker & Cohen LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
717-920-2220
lcohen(cr?,kpc-law. com
CARLY M. ORRIS,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Appellee
r'1.191-QFFICE
Q` THE PROTHONOTAR'l
L3 11 J'UL - I Pty 1: Olt
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 11-4183 Civil
CARLY M. ORRIS' MOTION FOR CONTINUANCE
OF HEARING
Carly M. Orris, by and through her counsel, Kelly, Parker & Cohen LLP, respectfully
requests a continuance of the hearing in the above-captioned matter, and in support hereof, sets
forth the following:
1. On March 9, 2011, Carly Orris was arrested by the Camp Hill Police Department
and charges with a violation of Section 3802(a)(1) of the Vehicle Code, 75 Pa. C.S.A. §
3802(a)(1) (DUI first offense).
2. The charges resulted, in part, from Ms. Orris' inability to provide a breath sample
on March 9, 2011, following a traffic stop at approximately 1:45 a.m., which was considered a
refusal to submit to the breath test.
3. However, Ms. Orris suffers from emphysema and has a scarred lung due to
pneumonia, which renders her physically incapable of completing a breathalyzer test.
1
4. Ms. Orris is treated by William J. Albright IV, M.D., of PinnacleHealth Family
Care, Middletown, for her emphysema.
5. As a result of the alleged "refusal" to provide a breath sample, through an Official
Notice of Suspension dated April 6, 2011, the Pennsylvania Department of Transportation,
Bureau of Driver Licensing suspended Ms. Orris' operating privileges for one year.
6. In response, Ms. Orris timely filed an Appeal from Suspension of Operating
Privileges.
7. Ms. Orris has been scheduled to appear for a hearing on July 12, 2011, at 2:30
p.m. in Courtroom No. 1 regarding the appeal of her driver's license suspension.
However, Dr. Albright is currently serving on active duty in Iraq until September,
2011. See Letter from William Albright III, M.D., attached at Appendix A.
9. Dr. Albright's opinion that Ms. Orris is incapable of completing the breathalyzer
testing is critical to Ms. Orris' defense in this matter.
10. As a result, Ms. Orris respectfully requests that the hearing be continued until Dr.
Albright returns from active duty in Iraq and is able to provide his opinion with regard to Ms.
Orris' physical condition and its effect upon her ability to perform the breathalyzer testing.
11. Philip M. Bricknell, Esquire, counsel for the Pennsylvania Department of
Transportation, has no objection to the continuance of the hearing in this matter until October
2011.
2
WHEREFORE, Ms. Orris respectfully requests that the hearing scheduled for July 12,
2011, be continued until Dr. Albright returns from active duty in Iraq.
y submitted,
;Lee S. Cohen"
Attorney ID 89278
KELLY, PARKER & COHEN LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
717-920-2220
lcohen(a?,kpc-law.com
Attorneys for Defendant
Carly Michelle Orris
Dated: June 30, 2011
PI NNACLEHEALTH
FAMILY CARE MIDDLETOWN
Phone: 717 944-0491 Fax: 717 944-1436
06/27/2011
CARLY ORRIS
2165 S FRONT ST
STEELTON, PA 17113
To Whom It May Concern,
Dr. William Albright IV is Carly's treating medical provider, but due to the fact that he is
currently on active duty in Iraq until Sept, I am not able to answer the provided questions.
Sincerely,
1 ? ,,-3 X110_"
ALBRIGHT III MD, WILLIAM
CERTIFICATE OF SERVICE
On this day of June, 2011, I, Wanda L. Hoffman, a paralegal with the law firm of
Kelly, Parker & Cohen LLP, hereby certify that I have served this day a true and correct copy of
the foregoing MOTION FOR CONTINUANCE OF HEARING upon the person(s) and at the
address(es) below named by United States First Class Mail, postage prepaid in Harrisburg, PA:
Philip M. Bricknell, Esquire
Assistant Counsel
Pennsylvania Department of Transportation
Vehicle and Traffic Law Division
1101 South Front Street, 3'd Floor
Harrisburg, PA 17104-2516
Wanda L. Hoffinan
r
CARLY M. ORRIS,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF :
TRANSPORTATION, BUREAU :
OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 11-4183 CIVIL TERM
IN RE: CARLY M. ORRIS' MOTION FOR CONTINUANCE
OF HEARING
ORDER OF COURT
AND NOW, this 13`" day of July, 2011, upon consideration of Carly M. Orris'
Motion for Continuance of Hearing, the motion is granted and the hearing previously
scheduled for July 12, 2011, is rescheduled to Thursday, October 13, 2011, at 11:15 a.m.,
in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Lee S. Cohen, Esq.
5425 Jonestown Road
Suite 103
Harrisburg, PA 17112
Attorney for Appellant
Philip Bricknell, Esq.
Assistant Counsel
PA. Department of Transportation
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2830
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