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HomeMy WebLinkAbout12-5497MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 17 WEST SOUTH STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 JON CHESTNUT, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ~; 1. ::i3 ~ ~;;~ r=.~ ~: t?~= THE PR~TNOt~~i;~e~` 112 SEP -4 PM 3~ 47 CtiM~Ei~~.~Nl~ CQUNi"Y ~'~Nl~SYl.VANIA : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl No. 12- 5~ g 7 ~t `V c t LICENSE SUSPENSION APPEAL SUPERSEDERS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1) AND NOW comes the Appellant, Jon Chestnut, by and through his attorney, Mark F. Bayley, Esquire, and avers as follows: 1. Appellant resides at 1540 Grandview Avenue, Mechanicsburg, Pennsylvania, 1705`. 2. Appellant received notice from the Commonwealth of Pennsylvania Department of Transportation, mailed August 7, 2012, stating that as a result of his alleged violation of S 1547 of the Vehicle Code (Chemical Test Refusal) on July 22, 2012, his driving privilege was being suspended for a period of 1 year, effective September 11, 2012, at 12:01 a.m. A copy is a~~ ~~~ Ck.~ ~~ ~,~spd a~~ 3~9 o? 80 ~ attached hereto as Exhibit "A". 3. Suspension is improper in that (a) 'The required implied consent warnings were inadequately provided; (b) Appellant did not intend to refuse testing; (c) 75 Pa.C.S. 1547 is unconstitutional based upon, including but not limited to, the Fifth and Sixth Amendments of the United States Constitution; and (d) For other reasons to be determined after testimony is taken at a hearing. 4. A supersedeas pending the disposition of the within appeal is appropriate pursuant Vehicle Code Section 1550(b)(1). WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule evidentiary hearing on the matter, to grant a Supersedeas pursuant to the Vehicle Code, and to enter the attached order. Respectfully submitted, BAYLEY & MANIA Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 JON CHESTNUT, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 12- LICENSE SUSPENSION APPEAL VERIFICATION Mark F. Bayley, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or.. denied in the foregoing document; and tl this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ~~ ~~~ Date: Mark F. Bayley, E ire COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 07, 2012 JON CHESTNUT WID ~ 122136746687329 OD1 3 MARINR DRIVE PROCESSING DATE d7l31l2012 DRIVER LICENSE ~ 19874524 CAMP HILL PA 17fl11 DATE OF BIRTH 11121/1962 Dear MR. CN:ESTNtiT: This is an Official Native 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 REF115AL, on p712212t1'12 s ^ Your driving privilege is SttSPENQEd for a per-ipd oi` 1 YEARtS) effective fl9/ii/Zg12 at 12:01 a.m. CfIMPLYING WITH THIS SUSPENSION You must retvr.n all current Pennsylvania driver's licenses, learner's permits: temporary driver's licenses {camera cards) in your possession on dr before Q9111l2012. You may surrender these items before, 09/1112012, for earlier credit; however, You raay not drive after these: items are surrendered. Y4U MAY NC1T RETAIN YClUR DRIVER'S LICENSE FOR IQENTIFICATION PURP05ES. However: You .may app-ly for and obtain a photo identification card at any Driver License Center for a cost of $13.5Q. You must present two t2) fc+rms of proper identification te.g., birth certificate, valid U.S. Rasspo:t, marriage certificate, etc.,) in order 'k o- ob#airi your photo identification card. You will not receive credit toward serving any suspension until we receive your licensetsl. Complete the fallowing steRS 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 susRension 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 identificatOn purposes. Please send these items tns I~~ -- 122136746687329 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 171Q6-8693 2. Upon receipts review and acceptance of your Pennsylvania. driver's licenses?, learner's permitfs), and/or a sworn notarized letter, PennD07 will send you a .receipt confirming the date that- credit began. If you do not receive a receipt froth us within 3 weeks, please contact our office. Otherwsr~, you will not be given credit toward serving this suspens-ion. PennDQT phone numbers are listed at the end of this letter. 3. If you da not return all. current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571Ca)C4} of the Pennsylvania Vehicle Code. PAYING THE RESTQRATIQN FEE. You must pay a restoration fee to PennD07 to be restored from a suspension/revocation ofi your driving privilege. To pay your restoration fear complete the following steps. 1. Return the enclaset! QpplcatiQn for Restoration. The amount: due is .listed.. on the application. 2. Write your driver's license number tlsted on the first page) an 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 NaT satisfy the requirement to acknowledge Your suspension/revocation. If you have not acknowledged your suspension/revocation, please fallow the instructions listed under °Complying with this SuspensionlRevocatian". 122136746687329 APPEAL You have the right to appeal. this action to the Court of Common Pleas (Civil Division) within 30 days of the mail. date, AUGUST 07, 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 mmail to: Pennsylvania Department of Transportation Offiee of Chief Courssel Third F.laor, Riverfront Office Center Harrisburg, PA 27104-2516 Remember: this is an ©FFIC2AL NOTIGf t}F SUSPElriSION. Yau must return all current Pennsylvania driver license products to PennDOT by 0911112012. Sincerely, ~- ~ ~~ ~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMAT`IpN 8:00 a.m. tQ 5a40 p.rn. IN STATE 2-80Q-932-4600 TDD`IIY STATE 1-800-228-Q6 6 OUT-CiF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412_53 0 WEB SITE ADDRESS www.dmv.state.pa.us JON CHESTNUT, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 12- LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 ,~ 1 z Mar F. ayley, Esqui k'?6) JON CHESTNUT, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 12- S? q-? 3.Vt LICENSE SUSPENSION APPEAL rn= + -VI rn .= 2O ? ORDER OF COURT AND NOW, this day of, 2012, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND REQUEST FOR SUPERSEDEAS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1), it is Ordered that a hearing on the matter shall beheld on the day of ?a at C6 o'clock -k-m. in Courtroom No. of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that the appeal is resolved. Thoma6 A. Placey J. Common Pleas Judge Distribution: c/ PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516. ?, Mark F. Bayley, Esquire r Z CD