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HomeMy WebLinkAbout04-5903 STEVEN C. CLINE Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA o '1- S-qo3 : NO. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent UCENSE SUSPENSION APPEAL AND NOW, this 24th day of November, 2004, comes Steven C. Cline, through his attorneys, Mancke, Wagner & Spreha, who respectfully represent 1. Your Petitioner is an adult individual residing at 200 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Petitioner is a licensed motor vehicle operator in the Commonwealth of Pennsylvania who has received a notice of suspension of his operating privileges as the result of an alleged violation of ~ 1547 , a copy of which is attached hereto and made a part hereof as Exhibit A. 3. Your Petitioner believes that said license suspension is illegal, unjust and improper for reasons which include, but are not limited to, the following: (a) the alleged refusal was not a knowing and intelligent refusal; (b) the alleged refusal suspension is improper as it does not comply with ~1547 of the Motor Vehicle Code; (c) said refusal was not as a result of an arres~ (d) Your Petitioner was not advised of his right to an attorney and, in fact, was told he had no right to an attorney; (e) Act 24 of 2003 and ~1547 are unconstitutional (Federal and State) generally and as applied to the Petitioner. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the license suspension outlined in Exhibit A. Resp~lIy submitted, John F:~ Esq., 10 No. 07212 Mancke, Wagner & Spreha 2233 t-:. Front Street Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: November 24, 2004 LAW OFFICES MANCKE. WAGNER Be SPREHA JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA. JR. 2233 NORTH FRONT STREET HARRISBURG. PA 17110 PHONE f717} 234-7051 FAX f717} 234-7080 VERIFICA liON I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. 11-1, 1& Date ~(2~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 01, 2Q04 STEVEN CLAYTON CLINE 200 SOUTH MIDDLESEX RD WID t 042996137259130 001 PROCESSING DATE 10/25/2004 DRIVER LICENSE t 18042284 DATE OF BIRTH 12/26/1957 CARLISLE PA 17013 Dear MR. CLINE: 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 09/26/2004: · Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 12/06/2004 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driverls licenses (camera cards) in your possession on or before 12/06/2004. You may surrender these items before, 12/06/2004, 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 $10.00. 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 fallowing steps to acknowledge this suspension. 1. Return all current PennsYlvania driverls licenses, learnerls 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 I s license. Remember: You may not retain your driverls license for identification purposes. Please send these items to: Penn sylva nt of Transportation ~ EXHIBIT ~ ~ A t1 :t <( 042996137259130 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your PennsYlvania driver's licensees), 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 01, 2004, of this letter. I'f you 'file an appeal in the County Court, the Court will give you a time- stamped certi'fied copy of the appeal. In order for your appeal to be valid, yoU must send this time-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 171Q4-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 12/06/2004. 042996137259130 Sincerely, ~~, W% Rebecca L, Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dmv.state.pa.us Q - v ~-,e r- ' ~c? -..N '\ ~ -..... ~ .--1 t""'o.. \:> V\ c 0 ~ 0 e::> f; c;;::l .." J:'" :;. Z -..... -on :L:::n mrl" C) rl1r- -." ""1'" -< -o~ ?:t~'A N ~)~'; .;;- ~( I""'" I ""T' <,_., > i~") -n ~:n ::.t --'0 ~(~ (:5rn C. 0:> ---I ~ -,.,. (:) ~ \0 -< l( NOV 3 0 2004 t v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. o'f--. ~103 ~~ STEVEN C. CLINE Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent 4' "f ORDER AND NOW.lhisL day of .""" "" . 2004~On considerationof1hewilhin PeIiIion, ftis hereby ordered and dec1eed1hal a heaing be held on 1he ~ dlljrof ~ . 200 ~. o A.H / at -t- o'clock in Courtroom ~ Cumber1and County Courthouse, Car1isle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department ofT ransportation by Petitioner's attorney at least sixty days prior to the date of the hearing. J. Distribution: Prothonotary's Office v<fohn B. Mancke, Esq., 2233 N. Front Street, Hanisburg, PA 17110 YA Dept of Transportation, Office of Chief Counsel, 1101 S. Front Street, Hanisburg, PA 17104 ".,,'"} , ..l",j, 'j, .1" \/ii'<\/;\l/S ",. -.-i I, ! ~ ^'L.........-..t~, ,~~.. .~1.,.:..~.:::.:~.-:;.~~.'./\........,.:...... ',"'1 /\J..i .~; ;~~~i "";.: . 7 V 10 :2 !Jd 2- ::130 ~OOl AtJ'vlOi\O:-LO;Jd 3Hl .:iO :JOi.:bO-{]311:! Ii' ! ~ f r. }., .~:":, , " :;".. .' I I . i .I ;".' i..... ii ,l~~. t '">'~{i)~) ~ . It ,.;.~ I '.::[1 j'.:'.(. , ... ~ . ::.JJ ~J J _ ~'vl. i\C:"~. I S:'~ -,I. I., "\ ~\~ f) ~.': L;sn \':: j i ! ~ . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA o t(- S-qQ3 : NO. STEVEN C. CLINE Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent UCENSE SUSPENSION APPEAL: AND NOW, this 24th day of November, 2004, comes Steven C. Cline, through his attorneys, Mancke, Wagner & Spreha, who respectfully represent 1. Your Petitioner is an adult individual residing at 200 S. Middlesex Road, Carlisle, Cumber1and County, Pennsylvania. 2. Your Petitioner is a licensed motor vehicle operator in the Cornmonwealth of Pennsylvania who has received a notice of suspension of his operating privileges as the resutt of an alleged violation of ~ 1547, a copy of which is attached hereto and made a part hereof as Exhibit A 3. Your Petitioner believes that said license suspension is illE!QaI, unjust and improper for reasons which include, but are not limited to, the following: (a) the aIeged refusal was not a knowing and intelligEmt refusal; (b) the alleged refusal suspension is improper as it does not comply with ~1547 of the Motor Vehicle Code; (c) said refusal was not as a result of an arrest (d) Your Petitioner was not advised of his right to an attorney and, in fact, was told he had no right to an attorney; (e) Act 24 of 2003 and ~1547 are unconstitutional (Federal and State) generally and as applied to the Petitioner. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the license suspension ou1lined in Exhibit A John , Esq., ID No. 07212 Mane , Wagner & Spreha 2233 . Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: November 24, 2004 LAW OFFICES MANCKE, WAGNER & SPREIHA JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA. JR. 2233 NORTH FRONT STREET HARRISBURG. PA 17110 PHONE (717) 234-7051 FAX (717) 234-7080 VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. II-j,~& Date .h~ {2.~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 01, 2004 STEVEN CLAYTON CLINE 200 SOUTH MIDDLESEX RD WID. 042996137259130 001 PROCESSING DATE 10/25/2004 DRIVER LICENSE. 18042284 DATE Of BIRTH 12/26/1957 CARLISLE PA 17013 Dear MR. CLINE: 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 09/26/2004: · Your driving privilege is SUSPENDED for a period of 1 YEAReS) effective 12/06/2004 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 12/06/2004. You may surrender these items before, 12/06/2004, far earlier c red it; howeve r, you may not dr i ve a fter 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 $10.00. 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 serv:lng any suspension until we receive your licensees). CompJLete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permi ts 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: Pennsylv nt of Transportation ~ EXHIBIT Cl w ~ A ~ ..:. ..J <l: 042996137259130 Bureau of Driver Licensing P.O, Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's licensees), 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 nClt 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 dl'iver 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 Penn[)OT 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 01, 2004, of this letter. I1i you 1iile an appeal in the County Court, the Court will give you a t1me- stamped certi1iied COpy o1i the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied 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 12/06/2004. 042996137259130 Sincerely, ~.~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dmv.state.pa.us ~ ~ ~)e ~ . "cT' \.N , - ~ '\ -.... :j .-J ~ C> ,~ 8z ~ (") ~ -ott mil" -:"~ +"f"1 ..c-....,> 7(- tJ) ,;.. r-~> ~",I <'-' ;;:C) f".- (~ ::l> c: z =< ~ c::::;> c::;) .r- Z o -< N ...- o 11 ~:n n" -om SS6 '1..,- :::r: -d 00 ~rn ---I ~ ~: :;l'> :.L CD (:) \D STEVEN C. CLINE Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5903 CIVIL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above-captioned license suspension appeal. Dated: February 23, 2005 John . Mancke, Esq., ID No. 07212 Manck , Wagner & Spreha 2233 N. Front Street Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner /'J ;> t ~ ii? v6 I';) -r- """" ~ ~ N "'"