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HomeMy WebLinkAbout05-4504 JAMIE JOE FLOWERS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. or; - ,l..fKOY Ctui(:-rV2...l LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes Jamie Joe Flowers, (Petitioner), by and through his attorneys Mancke, Wagner & Spreha, who respectfully represent: 1. The Petitioner, is an adult individual residing at 19 Poplar Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street. Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about August 8, 2005 Petitioner received an Official Notice of Suspension from the Department of Transportation indicating his license is suspended for a period of 18 months as a result of an alleged chemical test refusal, pursuant to 75 Pa.C.S.A. ~1547. (See Exhibit A) 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. There was no valid request to take a chemical test; b. There was no valid opportunity to take a chemical test; c. There was no valid refusal to take a chemical test; d. The Petitioner was not properly advised of his rights and/or responsibilities and the penalties for an alleged refusal to take the test; e. The DL-26 form was not read to your Petitioner by the police officer. WHEREFORE, Petitioner respectfully requests this Court to schedule a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA --" Edward F. Spr ,J~. Attorney ID No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: August 25, 2005 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. ~1~\1X""" Date -~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 08, 2005 JAMIE JOE fLOWERS 19 POPLAR STREET WORMLEYSBURG PA 17043 WID. 052136123132515 001 PROCESSING DATE 08/01/2005 DRIVER LICENSE. 21684940 DATE Of BIRTH 10/13/1968 Dear MR. FLOWERS: 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 06/15/2005: . Your driving privilege is SUSPENDED fo~ a pe~iod of 18 MONTH(S) effective 09/12/2005 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 09/12/2005. You may surrender these items before, 09/12/2005, 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 iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.> in order to obtain your photo identification card. You will not ~eceive c~edit towa~d se~ving any suspension until we ~eceive YOu~ 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 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: Pennsylvania Department of Transportation ~ ~ I;; ~ --L EXHIBIT 052136123132515 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's 1icense(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, 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, AUGUST 08, 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 09/12/2005. 052136123132515 SincerelY. b~~ Janet L. Dolan. Acting Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 a.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.aa.us :0 ~ -<Q. it 1'\ .~ t}. -- ~ ~ t {"- "\j) 0 ....... ~ ( C:~ - . cC> 0 ~ ~ '~.n .." W :7.">> ~ c: C'J m:!1 (,,) r" ~ ;:9 , -,-, :,) - -,1 ."'C~ '"---..( c.;.? ~),i1 .' -1'- ~~S crj .< . .~ 'i ',~,JJVEO SEP 0 B 1005 JAMIE JOE FLOWERS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Q!: - .l.Jf:O'j CI'ull ~"i.JL"'"'I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER AND NOW, this /3-r'!lday of JI'fz;mh.t/1) ,2005, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the!...tdL. day of ~11A.., 2005, at 9;3 () o'clock in Courtroom ~, Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. By the Court: 'A/~ Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 171 0 '~ ~/~ C( --( If/"f) S- ~ J. Distribution: Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 a I .,:"'l :, '0 ,>.,t 'II A'cii;' :~\!r;J ~l..'\..iU t' ".... ;1 :,1'; .--------- JAMIE JOE FLOWERS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Of)' - '^ISO! ClUltT'iA-l LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes Jamie Joe Flowers, (Petitioner), by and through his attorneys Mancke, Wagner & Spreha, who respectfully represent: 1. The Petitioner, is an adult individual residing at 19 Poplar Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about August 8, 2005 Petitioner received an Official Notice of Suspension from the Department of Transportation indicating his license is suspended for a period of 18 months as a result of an alleged chemical test refusal, pursuant to 75 Pa.C.SA 91547. (See Exhibit A) 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. There was no valid request to take a chemical test; b. There was no valid opportunity to take a chemical test; c. There was no valid refusal to take a chemical test; d. The Petitioner was not properly advised of his rights and/or responsibilities and the penalties for an alleged refusal to take the test; e. The DL -26 form was not read to your Petitioner by the police officer. WHEREFORE, Petitioner respectfully requests this Court to schedule a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA ~- Edward F. S~. Attorney 10 No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: August 25, 2005 VERI FICA TION 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. ~l w.. \ '" Date ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 08, 2005 WORMLEYSBURG PA 17043 WID 4 052136123132515 001 PROCESSING DATE 08/01/2005 DRIVER LICENSE. 21684940 DATE OF BIRTH 10/13/1968 JAMIE JOE FLOWERS 19 POPLAR STREET Dear MR. FLOWERS: This is an Official Notice of the Sus~ension 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 06/15/2005: . Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 09/12/2005 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 09/12/2005. You may surrender these items before, 09/12/2005, 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 far and obtain a photo identification card at any Driver License Center far a cast of 10. DO. You must present two (2) farms 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 driver's licenses, learner's 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's license. Remember: You may not retain your driver's license for identification Purposes. Please send these items to: Pennsylvania Department of Transportation ~ EXHIBIT I-A- ~ .. \152136123132515 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's licenseCs), learner's permitCs), 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 Ca) (4) of the Pennsylvania Vehicle Code. PAVING 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 CCivil Division) within 30 daYs of the mail date, AUGUST 08, 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 09/12/2005. 052136123132515 SincerelY, b~~ Janet L. Dolan, Acting 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 TOO OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dmv.state.pa.us -::0 R -iQ 0\ %- 4 U\ --- ~ lfI '.' .-, -- D ( .r::-:-' 0 c:) "<;j) ~ ~..J' ., ~ ~ ~ ,..!) f'Tlp W (,) ,---:-1 CJ t ~ .. t...,) ~ ., ~ L;"'"; JAMIE JOE FLOWERS, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO. 05-4504 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 1st day of December, 2005, after hearing, the license suspension appeal of the Petitioner is denied. By the Court, Edward F. Spreha, Jr., Esquire ( For the Petitioner r I)-/J-o'l ~ George H. Kabusk, Esquire f - For the Respondent -~, JJJ.; :lfh .~J ..., ~,. . c, j--'