HomeMy WebLinkAbout11-6080ROBERT BRIAN COYLE,
Petitioner
V.
COMMONWEALTH OF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 11 - 0080 0,;v, 1 Tern
Civil Appeal From License Suspension
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
PETITION OF APPEAL FROM SUSPENSION OF DRIVING PRIVILM
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1. The Petitioner is an adult individual residing at 14 West Lisburn Road _ 5
Mechanicsburg, Cumberland County, Pennsylvania 17055. J
2. The Petitioner, is licensed as a motor vehicle driver by the Commonwealth of
Pennsylvania, License No. 21774806.
By official notice dated July 18, 2011, the Petitioner received notification from
the Commonwealth of Pennsylvania, Department of Transportation that his driving privileges
were suspended for a period of eighteen months.
4. The suspension was based upon an alleged refusal to take a chemical test on June
13, 2011.
The Petitioner hereby appeals the notice of suspension and requests a hearing by
this Honorable Court.
WHEREFORE, the Petitioner prays your Honorable Court to vacate the eighteen month
license suspension as imposed by the Commonwealth of Pennsylvania, Department of
Transportation in its July 18, 2011 notice.
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CERTIFICATE OF SERVICE
AND NOW, this day of , 2011, I hereby certify that I have served a copy
of the within document on the following by certified mail addressed to:
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
Third Floor, River Front Office Center
Harrisburg, PA 17104
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JULY 18, 2011
ROBERT BRIAN COYLE WID # 111926691476432 001
14 W LISBURN RD PROCESSING DATE 07/11/2011
MECHANICSBURG PA 17055 DRIVER LICENSE # 21774806
DATE OF BIRTH 11/16/1966
Dear MR. COYLE:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1547B1II of the
Pennsylvania Vehicle Code. As a result of your violation
of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL,
on 06/13/2011:
¦ Your driving privilege is SUSPENDED for a period of 18
MONTH(S) effective 08/22/2011 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 08/22/2011. You may
surrender these items before, 08/22/2011, 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
111926691476432
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, JULY 18, 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
111926691476432
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 08/22/2011.
Sincerely,
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Janet L. Dolan, Director
tureau 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
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ROBERT BRIAN COYLE,
Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. It- 1480 a-ml-Fa-M
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Civil Appeal From License Suspension
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And now this k day of (.3 , 2011, upon presentation of the
attached Petition, a hearing de novo is granted to determine whether the actions of the
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Department of Transportation in suspending the driving privileges of the Petitioner should be set
aside. It is hereby ordered and decreed that no suspension shall occur based solely on the test
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refusal until a hearing has been held. The hearing in this matter is scheduled for
P•M
?6 03 o'clock in Courtroom No. , Cumberland County
2011 at 4;
Courthouse, Carlisle, Pennsylvania.
BY TH
J.
o6erf Coyle
00ftmnweaA op PA
fAakud
ROBERT B. COYLE,
Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
AND NOW, this IL 1 r`
Carlisle, Pennsylvania.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
NO. 2011-6080 ?.y
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License Suspension Ap-
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ORDER
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day of , 2011, upon
consideration of the Department's Motion to Continue, the Motion is hereby GRANTED, and
this Matter is CONTINUED and rescheduled for hearing on the dPo? ay of
2011 at b6 T m. in Courtroom No. 3, Cumberland County Courthouse,
BY THE COURT
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DISTRIBUTION:
? Robert B. Coyle, 14 West Lisburn Road, Mechanicsburg, PA 17055
? Philip Bricknell, Esq., PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd Floor,
1101 South Front Street, Harrisburg, PA 17104-2516
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