HomeMy WebLinkAbout05-1320
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COMMON\1(fEALTH OF PENNSYL V ANlA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COl'vIMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
.y IJJ-O
No. 0 CIVIL
CRAIG M. DAVIS,
Appellant
NOTICE OF APPEAL OF LICENSE SUSPENSION
1. Appelli.nt, Craig M. Davis, is an adult individual who currently resides at
620 N. Pitt Street, Carlisle, Pennsylvania 17013,
2. Appellee, Commonwealth of Pennsylvania, Department of
Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices
in Harrisburg, Dauphin County, Pennsylvania.
3. By letter dated February 22, 2005, Appellee notified Appellant that his
operating privileges would be suspended for a period of one (1) year, beginning on
March 29, 2005. A true and correct copy is attached as Exhibit A.
4. The basis of the one (1) year suspension is an alleged violation of Section
1547 of the Vehicle Code (Chemical Test Refusal) on January 21, 2005.
5. The Appellant denies that he violated Section 1547 of the Vehicle Code
on January 21, 2005, or on any other date.
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WHEREFORE, your Appellant respectfully requests This Honorable Court to
set a hearing and deny the Commonwealth's request that his license be suspended.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Date: :('1 rci~
~ {V\.
Robert J. Daniels, Es~
Attorney for the Appellant
Attorney I.D.# 83376
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
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CERTIFICATE OF SERVICE
I, Robert J. Daniels, hereby certify that I served a copy of the within Notice of
Appeal upon the Appellee, by mailing a copy of said Notice by certified mail
addressed as follows:
Pennsylvania Department of Transporration
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Dated:
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COMMONWEALTH or PENNSYLVANIA,
DEPARTMENT OF TIl..ANSPORTA'IlON,
BUREAU OF DRlVER LICENSING,
Appellee
IN THE COURT OF COMJ\10N LEAS
CUMBERLAND COUNTY, PE SYLV ANL\
VI.
()s~ 132.<:>
No. ClV L
CRAIG M. DAVIS,
Appellant
ORDER
AND NOW, this ..21.J:" day of IY\ >./ c...'\'
, 2005, upon c nsidcra . on of
the Appellant's Notice of Appeal, a hearing is set for the IYtk day f
2005, at ~/PM, in Courtroom # ~, Cumberland Cou ty Cou house,
Carlisle, Pennsylvania.
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Robert J. Daniels, Esquire
36 South Hanover Street
Carlisle, P A 17013
~nsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
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COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-1320 CIVIL TERM
CIVIL ACTION - LAW
v
CRAIG M. DAVIS,
Appellant
LICENSE SUSPENSION APPEAL
IN RE: APPELLANT'S NOTICE OF APPEAL OF LICENSE SUSPENSION
ORDER OF COURT
AND NOW, this 6th day of June, 2005, upon
consideration of Appellant's Notice of Appeal of License
Suspension, and following a hearing, the Court finds that
Appellant refused to consent to a requested BAC breath test
as a refusal has been defined by Pennsylvania case law, his
appeal is dismissed, and the suspension of Appellant's
operating privileges noticed by the Department of
Transportation in this case is affirmed. See Commonwealth,
Department of Transportation v. Scott, 546 Pa. 241, 684 A.2d
539 (Fa. 1996); Hudson v. Commonwealth, Department of
Transportation, 830 A.2d 594 (Pa. Cornmw. Ct. 2003);
Incarvite v. Commonwealth, Department of Transportation,
732 A.2d 39 (Pa. Commw. Ct. 1999); Finney v. Commonwealth,
Department of Transportation, 721 A.2d 420 (Pa. Comrnw. Ct.
1998) .
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By the Court,
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esley 01 Jr., J.
;(eorge Kabusk, Esquire
PA Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
Harrisburg, PA 17104-2516
For the Appellee
~obert J. Daniels, Esquire
36 South Hanover Street
Carlisle, PA 17013
For the Appellant
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