HomeMy WebLinkAbout02-0807MARK DAVID KIRKLEY,
Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.'
: NO. 0~)~ (~6~'
COMMONWEALTH OF PA : DRIVERS LICENSE APPEAL
DEPARTMENT OF TRANSPORTATION,:
Respondent :
MOTION FOR HEARING
AND NOW, this /o',z/ day of February 2002, the Petitioner, Mark David Kirldey,
by and through his attorney, Austin F. Grogan, Esq., avers the following:
1. The Petitioner was stopped on or about December 16, 2001 and cited for refusing to
submit to a chemical test of his breath and/or blood;
2. The Depamnent of Transportation, on or about January 15, 2002, notified the
Petitioner that his privileges would be suspended for a period of one (1) year effective February 19,
2002 for the chemical test refusal (copy of letter attached);
3. The Petitioner disputes the chemical test refusal and requests a hearing de novo in
this matter.
WHEREFORE, the Petitioner requests this Honorable Court to stay the suspension and
schedule a hearing and to grant the Petitioners request to dismiss the license suspension.
Date
Respectfully submitted,
Austin F. Groga~, Esqgi~
24 North 32nd Street (.
Camp Hill, PA 17011
(717) 737-1956
Attomey for Petitioner
I.D. #59020
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JANUARY 15, 2002
MARK DAVID KIRKLEY
27 VILLAGE CT
MECHANICSBURG PA 17050
WID ~ 020086117575093 001
PROCESSING DATE 01/08/2002
DRIVER LICENSE # 22344174
DATE OF BIRTH 03/15/1971
Demr MR. KIRKLEY:
This is an Official Notice of the suspension of your Driving
Privilege as authorized by Section 15q7 of the Pennsylvania
Vehicle Code. As a result of your violation of Section 15q7
of the Vehicle Code, CHEMICAL TEST REFUSAL, on 12/16/2001:
Your driving privilege is SUSPENDED for a period
YEAR(S) effective 02/19/2002 at 12:01 a.m.
WARNING: If you are convicted of driving while your
license is suspended/revoked the penalties will be a
MINIMUM of 90 days imprisonment AND a $1,000 fine AND
your driving privilege will be suspended/revoked for
a MINIMUM 1 year period
COMPLYING WITH THIS SUSPENSION
You must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in yolJr possession on or before 02/19/2002. You may
surrender these items before, 02/19/2002, for earlier
credit; however, you may not drive after these items are
surrendered.
YOU MAY NOT RETAIN YOUR DRIVER'S L~CENSE FOR ZDENT~FZCAT[ON
PURPOSES. However, you may apply for and obtain a photo
identification card at aHy D~iver License Center for a cost
of $9.00. 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 following
steps to acknowledge this suspension.
020086117575093
1. Return ail current PennsyIvania driver's licenses,
Iearner's permits and/or camera cards to PennDOT. If
you do not have any of these items, send a sworn nota-
rized ietter 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
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, piease 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 privilegeo 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.
020086117575093
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, JANUARY 15, 2002, of this letter. If you file an ap-
peal 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 certi-
fied copy of the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Thlrd Floor, Rlverfront Offlce 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 02/19/2002.
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
OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE
WEB SITE ADDRESS www.dot.state.pa.us
1-800-228-0676
717-391-6191
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MARK DAVID KIRKLEY,
Petitioner
COMMONWEALTH OF PA :
DEPARTMEN'r OF TRANSPORTATION,:
Respondem :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O~Q-~>0V c,'~,'l
DRIVERS LICENSE APPEAL
ORDER
AND NOW, fllis ~d~ay of ~2002, upon consideration of the
attached Motion, a hearing is schcdnicd for fl~¢ ~ day of~.~ 2002, in
Courtroom ~ at~;l~.m, at the Cumberland County Courthouse, Carlisle, Pennsylvania.
o F Tro. s.
MARK DAVID KIRKLEY, :
Petitioner :
V. :
COMI~ONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION:
Respondent :
of
IN THE COURT OF CO~ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-0807 CIVIL TER~
IN RE: APPEAL WITHDRAWN
ORDER OF COURT
AND NOW, this 8th day of April, 2002, at the request
the Petitioner, the appeal from the suspension of his operating
privileges for one year resulting from a refusal of a chemical
test on 12/16 2001, is WI?HDRAW~.
Action of the Department in suspending his operating
privileges is A~FI~D. Provided, however, that the Department
has indicated that the effective date of the suspension will not
be before September 1, 2002.
By the
Edward E. Guido, J.
Austin F. Grogan, Esquire
For the Petitioner
George Kabusk, Esquire
For the Commonwealth
Probation
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