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Home My WebLink About11-5801L., . PROTHONOTARY i1.1JI 21 MAM11•34 CONSTANCE FAITH MARTINEZ-SPECK,: IN THECt PLEAS OF Appellant CLIMB W PENNSYLVANIA V. NO COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee APPEAL OF OPERATOR'S LICENSE SITSPFNSION AND NOW comes the Appellant, Constance Faith Martinez-Speck, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant, Constance Faith Martinez-Speck, resides at 439 County Line Road, York Springs, Pennsylvania 17372. 2. Appellant was arrested for DUI on May 14, 2011. 3. Appellant has been accused of refusing to submit to a chemical test and was given an Official Notice of Suspension, mailed June 22, 2011. See Exhibit "A", Official Notice of Suspension. 4. Appellant denies she refused to submit to a chemical test. 5. Appellant submits she was physically assaulted just prior to being arrested for DUI. 6. Appellant submits that she was suffering from spousal abuse syndrome, which affected her mental capacity to submit to a chemical test. 7. Appellant received a closed head injury as a result of her head hitting the windshield within minutes prior to being arrested and her medical condition precluded her from being able to knowingly refuse to submit to a chemical test. 8. Appellant has been suffering from spousal abuse syndrome. 9. Appellant will call Dr. Lawrence J. Guzzardi to testify as an expert that it was Appellant's medical condition that precluded her from submitting to a chemical tegt and alcohol provided no role in her inability to consent to a blood test. ctmA %qa. w pda1kr 10. Appellant submits the police officer lacked a reasonable suspicion to believe Appellant was under the influence of alcohol. 11. Appellant did not exhibit signs of intoxication. 12. Appellant's actions did not constitute a refusal to submit a chemical test. 13. Appellant respectfully requests your Honorable Court grant a supersedeas of any suspension of her license until a hearing has been held. WHEREFORE, your Appellant respectfully requests your Honorable Court to grant her a supersedeas of any suspension until this matter is resolved regarding the underlying conviction of Section 1547. submitted, Date; P+ck F. Lauel, Jr. F?, gquire Law Offices of PatrF. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 CONSTANCE FAITH MARTINEZ-SPECK, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee : I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Constance Faith Martinez-Speck, hereby verifies and states that: 1. I am the attorney for Appellant, Constance Faith Martinez-Speck; 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: Respectfully Phknck F. Lauer, 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 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 22, 2011 CONSTANCE FAITH MARTINEZ-SPECK WID # 111666746482774 001 439 COUNTY LINE RD PROCESSING DATE 06/15/2011 DRIVER LICENSE # 27315642 YORK SPRINGS PA 17372 DATE OF BIRTH 12/18/1954 Dear MS. MARTINEZ-SPECK: 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 05/14/2011: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 07/27/2011 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 an or before 07/27/2011. You may surrender these items before, 07/27/2011, 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 iden- tification (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 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 111666746482774 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 con- firming the date that credit began. If you do not re- ceive 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 pro- ducts, 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". APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 22, 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 111666746482774 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 07/27/2011. Sincerely, 9?-" ?-- - Z g 04t) 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 CONSTANCE FAITH MARTINEZ-SPECK, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S 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 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: Philip Bricknell, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: 1- \ It 1 , Patrick F. Lauer, 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 S CONSTANCE FAITH MARTINEZ-SPECK,: IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. `? - S? ?lYl l COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee AND NOW this 7 day of 2011, upon consideration V \0 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 l 4 day of ' /?^r/? 222 ? a.m./#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 appeal. BY THE COURT: -Z;:7 - r- -vT cnr -<> N j -D C =+ ' 3 i .7- C I- Fri Distrihntinn: ? Philip Bricknell, Assistant Counsel, Pennsylvania Department 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 17011 Copies