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Home My WebLink About05-0931 DAVID ROY MARTIN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV AN1A vs. Docket No. 0 J ./1 J J C ;....;; i '7"'c.V'11'\. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent WIDNo 050146187502748 001 DRIVER LICENSE NO. 11100135 MOTION TO DISMISS LICENSE SUSPENSION AND NOW, comes the Petitioner, David Roy Martin, by and through his attorney, J. Michael Sheldon, Esquire, COSTOPOULOS, FOSTER & FIELDS, and files this Motion to Dismiss License Suspensioo, and in support thereof, avers the following: I. On January 06, 2005, Petitioner was arrested for violation of 18 Pa.C.S. 3802, Driving Under the Influence, and was requested to perfonn a chemical test of his blood or urine. 2. OIl January 21, 2005, Petitiooer received notice from the Pennsylvania Department ofTransportation that his operator's license was being suspended for a "Chemical Test Refusal." (Notice is attached as Exhibit A) 3. The suspension is to be effective at 12:01 a.m. on February 25, 2005. 4. Said Notice of Suspension instmcted Petitioner that an appeal of this suspension shall be filed within 30 days of1he funuary 21,2005 mailing date of the Notice. 5. For the followiog reasons, Petitioner challenges the suspension: a. Petitioner is innocent of the underlying charge of violation ofI8 Pa.C.S. 3802; and, b. Petitioner's head was injured during the accident which led to his arrest, with said injury causing sufficient pain and discomfort that he was insufficiently aware of the circumstances surrounding his alleged refusal; and, c. Petitioner did not refuse a chemical test of his blood and/or urine. WHEREFORE, Petitioner respectfully requests this Honorable Court to hold a hearing 00 the instant matter in order to determine Petitioner's awareness of a request to submit to a chemical test and the basis of any alleged refusal. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 21. 2005 DAVID ROY MARTIN 54/l MOUNTAIN RD BOILING SPGS PA 17007 WID' 05014bl/l750274/l 001 PROCESSING DATE 01/14/2005 DRIVER LICENSE' 11100135 DATE OF BIRTH Ob/20/1944 Dear MR. MARTIN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code. CHEMICAL TEST REFUSAL. on 01/06/2005: . Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 02/25/2005 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 02/25/2005. You may surrender these items before, 02/25/2005. 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 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: 2~k~f)ft A 050146187502748 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. 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 21, 2005, 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 02/25/2005. 050146187502748 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 CERTIFICATE OF SERVICE AND NOW,!, 1. Michael Sheldon, attorney for the Defendant, hereby certify that on the date indicated below, a !me and correct copy of the foregoing MOTION was served upon the Respondeat listed below via United Stales mail, flfSt -class, certified mail number 7002 2410 0007 1402 1494, postage prepaid, at the following address: Pennsylvania Department of Transportation Office of Chief Counsel Thyird Floor, Riverfront Office Center Harrisburg, PA 17104-2516 DATE: February 18,2005 Respectfully submitted, tl tf'~ ~~~- 1. Michael Sheldon, Esquire Pa. J.D. 83098 Costopou1os, Foster and Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Tel: 717-761-2121 Fax: 717-761-4031 COUNSEL FOR DEFENDANT I verify that the statements made in this Motion are true and correct. I understand that any false statements herein are subject to the penalties of 18 Pa. C. S. 4904 relating to unsw sificatiOl1 to authorities. DATE: February 18, 2005 "'4 ~ ~ '-'''I ~ Y1 ,. *- '2 "- \' ~ .~ \0. '- ~ ~ C'I'\ '" 'Ih "-.\ ~ ........"l '(.~-'.r l......:> ,f\ ('-) :-j"l ~~ -1'1 ::'1 c::\ -':' r",.) (",', . &\ FEa 2 2 2005 (f' Y DAVID ROY MARTlN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 0)-93/ c':ll COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent WIDNo 050146187502748 001 ORDER AND NOW, to wit, this a J;&( day of 1l1d/2-(I f'/.-/ ,2005, upon consideration of the attached Motion, a hearing on the attached Motion is hereby scheduled for J .'/5' CJ P. M on 2.11.?UL- I . .2005 at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pe sylvania, [ll {/(' H '7f BY THE COURT: 1. Distribution .-r.Michael Sheldon, Esquire, 831 Market Street, P.O. Box 222, Lemoyne, PA 17043 Di~ct Attorney J::6mmonweaIth of Pennsylvania Department of Transportation Court l..dllMl~",L_Lf \f1fol'1r;1,\S:M~d AH\JnC'/~, :-;; 1-;:-)::)::/";;;:) 0'- .7\ lid :> 'j "~ ;>1 7.- \.11411 ,'[117 ... alin J"U'.. DAVID ROY MARTIN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 05-931 CIVIL TERM IN RE: PETITION FOR APPEAL DISMISSED ORDER OF COURT AND NOW, this 1st day of June, 2005, this matter having been called for hearing, on motion of counsel for the defendant, the appeal from license suspension is dismissed. By the Court, George H. Kabusk, Esquire For the Commonwealth .4/1 . Hess, J. :bg ~ ~ r../t,/"j C}-.. J. Michael Sheldon, Esquire For the Petitioner "i\t{;ff\"JS'rN~d ,\lNiV:n n ,:",\\.3'2\"\(\:) () \ ~?\ \-\d ~- tinf lJ~~7, )"'d\j~ONO\-\lO'dd 3.\-\1. -},O 38\:l~O.(B\\:\