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HomeMy WebLinkAbout12-6632c; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNIY PENNSYLVAN IJ~ ,., ° r~ , ~ 1 _ rn .___ ~ ~tnn~.~ ~os~!5~~~hi~~_ No. i c / /~ ~ ~ z r~~... '~ (Type your namej {~ ~ ~~ r- ~ "C O --~.~ ~ T, Vs. Driver's License/Auto Registration Ap~~ ~ ~`T~ •--- ~ Commonwealth of Pennsylvania ~ p :' Department of Transportation '` ~' ` Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) C"Y}c~hr~," 2~ , 20 l _, comes the Appellant, (Type your name) ~kflri~5 t:~~._~ 1 ~~.1 , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: ~-1 __`~G_`~~~ 2. Pem~DOT proposes, by Notice dated (insert "mailing" date here) `..?i'~~~r~'rr;" '2-.i~ , 20_-~.~, to suspend Appellant's ."~; driving privileges ~ automobile registration for a period of (Insert length of suspension) ~ .r ~c~->'i'. __ _, pursuant to Section \5 ~-1~r1 _ofthe Vehicle Code, which suspension s to bE:~ effective jlnsert suspension effective date),~r~F~~o~.t ~`b _, 20 ****A dopy 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). Other (Specify reason:) 103 •~SPQ AI.~F easel ~~a8a393 i -O R- The suspension of Appellant's automobile registration is contrary to law in that: My failure to have insurance was for a period of less than 3.1 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 PennDC)T form MV-221 to document non-operation of the vehicle). Other (s r---- reason:) 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) ~nn ~~ L~c~wi~ s ~ e~;-'1 (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 urrsworn faisification to authorities ~''~ ` -_ ~., Signature : -'~---- ~ ~--~-'--` Type Name: _-~,._ ~~1n~ S C~~n~a'~p ~ _.~ Address: 1© i'~l?het~'rz~ I~`l.~.nJ ~ __._ City /State /Zip Code: (`~:.ch~~n, c•. sw ~ c~, ~ f~ ,~ ~ `s~`} Telephone Number: `-I1`i '-135 ~~l ~-`~ Email address: ~~~ ~l -] ~' 3 _@ gh ~'~~ ~=<."`-~ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 26, 2012 DENNIS JOSEPH EDMISTON WID # 122636680064338 001 707 ALBERTA A'dE PROCESSING DATE 09/19/2012 DRIVER L:[CENSE # 27495649 f1ECHANICSBURG PA 17050 DATE OF BIRTH 03/7,5/1986 Dear MF?. ED~'IISTON: This is; an Official Notice of the Suspension of your Driving Privilege as authorized by Section 154761I of the Pennsylvania 'Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 08/'25/2012: ^ Yaur driving privilege is SUSPENDED for .a period of 1 YEAR(S) effective 10i31i2012 at 12:01 a.m.. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania drive>r's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 10/31/2012. You may surrender these items before, 10/31/2012, 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 513.50. You must present two (2) forms of proper identification (e.g., birth certificate, valid I.I.S. r.a55pGrt, marriage certi r`1c~Le, etL ) ~n Jf i.-'iCr tC~ CI`1 lei ar: your photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). (:omplete 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 deriving privilege. You must specify in your letter wh:y you are unable to return your drivE~r's license. Remember: You may not retain your drivf:~r'"s license for identification purposes. Please send these items to: 122636680064338 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvar~~ia driver's license(s), learner's permit(s), and/or a swc:ern notarized letter, PennDOT will send you a receipt. confirming the date that credit Megan. If you do not receive a receipt from us within 3 weeks, please contract 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 SECTICIN 1571(a)(4l of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restcared 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 #~irst 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/revocatiion. If you have not acknowledged your suspension/revocat:ion, please follow the instructions listed under "Complying with this Suspension/Revocation". 122636680064338 APPEAL You have the right to appeal this action to the Court c?f Common Pleas (Civil Division) within :50 days of the mail date, SEPTEMBER 26, 2012, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped ce~^tified copy of the appeal. In order fc~r your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail t:o: Pennsylvania Department of Transportatic s r)ffi ~ of (:h~ef Cocinsel "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 10/31/2012. Sir;cerely, ~ - ~ Janet !". Dolan, Director Bureau of Driveu^ 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-STMTE 717-412-5300 TDD OUT--OF-STATE 7'1.7-412-5380 WEB SI 1 [ l1TJ:?RE:SS www`dmv .state . pa . us j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Type your name) , Vs. Drover's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation c° ~c~ Bureau of Driver Licensing C ~ -rt _.~ CERTIFICATE OF SERVICE ~~ ~ vm ~ ~ ~ ~ -v ~~ co-^r Fc~ ~ The undersigned hereby certifies that on pc.t~'~~c' 2~j , 2CI -2. , I cato'6e ~~ Q'om' mailed by regular mail, postage prepaid, a copy of the ,Appeal, Order Scheduling I~e4rin'~, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: C~~°:-t-~~i~c: ~.~ , 201.. Signature: '~~~ ~~~._,.-.._.~-- Type your Name: ~1 nr1~~ CG~rn~,,-~Cv;'\ Address: --7_~J3\b~i to F~~~fe r~~~- City /State /Zip Code: fYl ~ c h~,n~csw,~_ -t~ ~~ '~1(~.~ Telephone: ~ -j c{3-3 __ ,~-7 ~,.;. ** 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 J tn~~ ~ 5 ®s~;~ ~t.M, s!c ~ No. /a ' CP(o3o? (", vil ~ir1 (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 ~ ~ day of ~,f[~~~yyt~,tp/t/ , 20 !.Z , a hearing is scheduled on the appeal of Petitioner for the <~ ~ day of , 20/a at ~:~ ~M in Courtroom # ~ of the Cumberland County Courthouse, One Courthouse Square, 4`h 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, al! 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`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 !t 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 ~ ~., C _~ ' Q7 Y ~ ~ O ;"''t - M- _.t' rr -~Cr' tJ! rte", (/ ,.~_. .y d ~p%~'~ /n,~.l~~ <c~~~d ' ~~ DENNIS JOSEPH EDMISTON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 12-6632 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL MEMORANDUM AND ORDER Dennis Edmiston has appealed the suspension of his driver's license for a refusal to submit to a breath test following a lawful arrest for driving under the influence. He admits that he did not cooperate in the testing. He ascribes his drinking and less than rational behavior on the day of the incident to the fact that he had just learned that one of his friends in the military had been killed in the line of duty. He subsequently acknowledged his guilt for driving under the influence and has served his sentence. This is a case in which the authorities might well have considered some resolutiomC::of the matter short of a license suspension. We write to underscore that the Court, at this po @Aas i& m__: discretion in the matter. Were it entirely up to us, given the extenuating circumstancehis!- .�c) case, we would grant the relief requested. cZ F-1 A Every now and then law and justice part ways. `= w ORDER AND NOW, this day of April, 2013,the within appeal from suspension of driver's license is DENIED. BY THE COURT, Kevin ess, P. J. �j Dennis Edmiston 707 Alberta Avenue Mechanicsburg, PA 17050 c/ Philip Bricknell, Esquire Office of Chief Counsel Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 Al-'