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HomeMy WebLinkAbout12-3707r IN THE COURT OF COMMON PLEAS OF CU BERLAND COUNTY, PENNSYLVANIA In1jGt&arA-^%aC- _ M _ 'Z No. /V' af70+ Lvt i em (Type your name) , Vs. Driver's Ucense/Auto Registration App -- T.. Commonwealth of Pennsylvania ti: c .,.. Department of Transportation C:? + ?f Bureau of Drivers Licensing .n . r C7 APPEAL OF D RIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) .20 . comes the Appellant, (Type your name) , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert "mailing" date here) , 20 to suspend Appellant's driving privileges Flautomobile registration for a period of (Insert length of suspension) pursuant to Section of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) 20 ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: (Check those which apply) The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. Appellant did not knowingly or intelligently refuse a chemical test; The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). Ff Other (Specify reason:) _rkt ?ec?san T be??e% L was w??n l ?y Sa oc? . IAa -?-??e -?-?e cr;c?? ?3?tC?ef ripped, f V\R _l._ w0.s nCY?- n rn? ??ti ?c?? b r `C Cpl u? J?•.1 Ck -C16 2i'lC( • h I aU 4/0-3-75- moll lque8N3vid a?Vlo" 1 I cy,(,w ''L I -OR- The suspension of Appellant's automobile registration is contrary to law in that: F1 My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement of PennDOT form MV-221 to document non-operation of the vehicle). WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (Sign name here) ye!lttS_ Mar41nez (Type name here) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: _:: le?? Type Name: N///Ve ALAS I M ?tC,r+i r-t Z Address: lP z Sri no ?2r1 &-ree-_4 City / State / Zip Code: (CAf ?S?C .X14 1-7015 Telephone Number: -111 - 's5a-7 Email address: @ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 25, 2012 VENUS MARTINEZ NID # 121396691552894 001 62 SPRING GARDEN EST PROCESSING DATE 05/18/2012 DRIVER LICENSE # 24280713 CARLISLE PA 17015 DATE OF BIRTH 07/06/1975 Dear MS. MARTINEZ: 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 05/06/2012: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 06/29/2012 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 06/29/2012. You may surrender these items before, 06/29/2012, 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 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 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: 121396691552894 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 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". . j - 121396691552894 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 25, 2012, 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 06/29/2012. Sincerely, 9?ja? zf?o') 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VP'n-!dS ' ' `0? -? ?t?Z No. /02 - (Type your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on 1 A/ 14 , 20 12- , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`a Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: M 201 - Z-Signature: Type your Name: :5 aA r.i- i, Yz Address: cpvZ -5 , S42 r; n r c?Pn _ City / State / Zip Code: f Telephone: ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I\Lluf2 ?&QfA:,Y-Xe:7Z- - : No. ZI - -3701 Awf brai (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL AND NOW, this gd;6C day of 1t? ? 20 c , a hearing is scheduled on the appeal of Petitioner for the day of cl??I,uL I 20ZA at /:,A) 4M in Courtroom # !r of the Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, PA 17013, at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant's responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`a Floor 1101 South Front Street Harrisburg, PA 17104-2516 It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. By the Court, Judge 0 'a rn c73 ®' --r, cnr` N ? ?? h U Mad ;h e Z -C M- © =; - C C-D . ex jA4.1el VENUS MARTINEZ, 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 12-3707 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 24th day of October, 2012, after having had a hearing in this matter where the Petitioner represented herself pro se, and the Department of Transportation having been represented by Philip M. Bricknell, Esquire, the Court hereby finds as follows: that the officer had reasonable suspicion to believe that the Petitioner was driving under the influence of alcohol, that he arrested her for the suspicion of driving under the influence of alcohol, that he asked her to submit to chemical testing in the form of a blood draw, that he read to her warnings as required under Section 1547, that he specifically read to her the DL-26 Form, and that the Petitioner thereafter knowingly refused to submit to the blood draw. Accordingly, the appeal of Venus Martinez from the suspension of her driver's license is hereby dismissed, and the suspension of her driver's license is reinstated. By the Court, FV i'.". ro~ ti m rn ~ ~~ ~~ ~ ~ ~ rn , ~ Christylee L. Peck, J. ~~ x'' ~ _ r_j ~ ~s ~ ~ Z --,. __.. ~._ _ / Venus Martinez, Petitioner Pro Se 62 South Spring Garden Street Carlisle, PA 17015 / Philip M. Bricknell, Esquire Office of Chief Counsel 1101 South Front Street- 3rd Floor Harrisburg, PA 17104-2516 For the Respondent Pcb ~~~ ~°S ~. f~EA~ ~llly~/a ~~