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HomeMy WebLinkAbout05-6106 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: () S- - to [O(c, C."I u J... c,-&"",- : LICENSE SUSPENSION APPEAL TIMOTHY B. KENNEY COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL AND NOW, comes Timothy B. Kenney, by and through his attorneys, and f1les the following License Suspension Appeal: 1. Your Petitioner, Timonty B. Kenney, is an adult individual and a licensed driver within the Commonwealth of Pennsylvania with a residence address of 1318 Norway Maple Court, New Cumberland, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address of P.O. Box: 68693, Harrisburg, Pennsylvania. 3. On or about November 2,2005, Petitioner received a notice of license suspension for a period of eighteen (18) months, and requiring the imposition of a ignition interlock, a copy of which is attached hereto, incorporated herein by reference and marked as Exhibit A. 4. The Petitioner was convicted on September 22,2005, of violating ~3802(c) the Motor Vehicle Code, a fIrst offense, ungraded misdemeanor. 5. The aforementioned charge against the Petitioner was a first offense, ungraded misdemeanor, pursuant to the provisions of the Motor Vehicle Code. 6. The suspension is inappropriate, improper, and illegal and should be declared invalid for the following reasons: A. The conviction on September 22, 2005, was an ungraded misdemeanor under the Motor Vehicle Code for which a twelve (12) month suspension was appropriate pursuant to ~3804(e)(ii) of the Motor Vehicle Code; B. The statute does not provide for an eighteen (18) month suspension for a fIrst offense conviction under ~3802(c) of the Motor Vehicle Code; C. There is no requirement for the imposition of ignition interlock for a fIrst offense, ungraded misdemeanor under the provisions of the Motor Vehicle Code; D. The period of suspension and the requirement of the ignition interlock is illegal and in contravention to the provisions of the Motor Vehicle Code. 7. As a result of the aforementioned, the Petitioner believes and therefore avers that the period of suspension of his license should not be eighteen (18) months and should not be required to secure an ignition interlock before receiving restoration of his operator's license. WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner & Spreha P. Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, P A 1711 0 (717) 234-7051 Attorneys for Petitioner Date: II!gf/O~ I f VERIFICATION I verify that the statements made in the foregoing 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_~----___ .. . /'j L-..- DATE: /I!(J - 0') COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 02, 2005 TIMOTHY B KENNEY 1318 NORWAY MAPLE COURT NEW CUMBERLAND PA 17070 WID. 052996117707910 001 PROCESSING DATE 10/26/2005 DRIVER LICENSE. 18195332 DATE OF BIRTH 11/19/1957 LICENSE IN BUREAU Dear MR. KENNEY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E211 of the PennsYlvania Vehicle Code. As a result of your 09/20/2005 conviction of violating Section 3802C of the Vehicle Code DUI BAC .16+ on 09/14/2004: . Your driving privilege is SUSPENDED for a period of 18 MONTHCS) effective 09/15/2005 at 12:01 a.m. Before PennDOT can restore YOUr driving privilege, yOU must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAVING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL inst~uctions ve~y ca~efullY. Even if you have se~ved all the time on the suspension/~evocatlon. we cannot resto~e you~ d~iving p~ivilege until all the ~equi~ements a~e satisfied. PRISON RELEASE REQUIREMENT The Court of YORK COUNTY, Court Number 2028, Court Term 2005 has sentenced yOU to serve a Prison term for this violation. Pursuant to Section 1541Ca.1) of the Vehicle Code, yOU will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact YOUr probation officer and/or the Court after Your release to make SUre that PennDOT is properly notified. - f1 - 052996117707910 COURT ORDER TREATMENT PROGRAM Pursuant to Section 1548(d) of the Vehicle Code, the Court of YORK COUNTY Court Number 2028, Court Term 2005 has ordered !IOU to attend a treatment program for alcohol or drug addiction. As a result of the court order, this suspension/revocation shall remain in effect until the Department is notified b!l the above Court that yoU have successfull!l completed treatment and !IOU are otherwise eligible for restoration of !lour driving privilege. 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 !lour 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 Clisted on the first page) on the check or mone!l order to ensure proper credit. 3. Follow the pa!lment and mailing instructions on the back of the application. IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicleCs) owned by !IOU to be equipped with an Ignition Interlock System. This is a result of !lour conviction for Driving Under the Influence. You will receive more information regarding this requiremen approximately 30 days before your eligibilit!l date. PROVIDING PROOF OF INSURANCE Within the last 30 days of !lour suspension/revocation, we will send YOU a letter asking that YOU provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if YOU do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that move from your current address. your address change bY calling listed at the end of this letter. PennDOT is notified if you You may notif!l PennDOT of an!l of the phone numbers 052996117707910 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail da.te, NOVEMBER 02, 2005, of this letter. If YOU file an appeal in the County COUl"'t, the COUl"'t will give you a time-stamped cel"'tified 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. Sincerely, i)Kr0r/ Janet L. Dolan, Acting Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 7:00 a.m. to 9:00 p.m. 1-800-932-4600 TOO IN STATE 717-391-6190 TOO OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-391-6191 Timothy B Kenney 1318 Norway Maple Ct New Cumberland, PA 17070 ......... ....w.................... ........... ........m.............. AOPC 2123 REV. 10/27/2005 ~ (::> If\. (?, ~ ~ l..I\ :-? --; ;,:",.., l.i( '", \:> \) ,-.j , , --- -::t \..:) i ~ -J ~' " - ~ ....:.l. '" ~ ~ , u..1 -L NOV 3 0 200~j.f\ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ()5- 10IDb CLU~l'-TEfl-h\ TIMOTHY B. KENNEY :NO: : LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING AND NOW, this ORDER f1- day of &2u.t1J;.J;-- ,2005, upon Petition of TIMOTHY R Ii 13 day KENNEY, a hearing is set on the License Suspension Appeal for the of J~~,? Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, ,20~,at J3b o'clock ---f2-.m. in Courtroom No..iL of the Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to g1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. J. Distribution: Prothonotary's Office Office of Chief Counsel, Penn DOT 1101 S. Front Street, Harrisburg, PA P. Richard Wagner, Esquire 2233 North Front Street, Harrisburg, 7104-2516 1)-6-fJ:F A 17110 d-t--w .~d- Y' :.'-! r:..: .:c') c'- ~--... ,.-j TIMOTHY B. KENNEY, Petitioner IN THE COgRT OF COMMON PLEAS OF CUMBERLAN COUNTY, PENNSYLVANIA , V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 2005-6106 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 18th day of July, 2006, this being the time for hearing of this matter; and counsel for the Petitioner, Timothy B. Kenney, having indicated to the Court that he wishes to withdraw the appeal; it is hereby ordered and directed that the appeal is withdrawn and the previous license suspension is reinstated. By the Court, ''l~ M. L. Ebert, Jr., J P. Richard Wagner, Esquire For the Petitioner George H. Kabusk, Esquire For the Respondent ~ ~ 7/U/O(. 9--. :lfh , A? 1"1;\ , , '. "') .ll,~ STJ2 ::JH.L ::-'1'~1 r.~' j'""