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Home My WebLink About05-6761 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ;NO: 05. '1(, I L:u:KJ 140-- PATRICK THOMAS MURPHY : LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL AND NOW, comes Patrick Thomas Murphy, by and through his attorneys, and files the following License Suspension Appeal: 1. Your Petitioner, Patrick Thomas Murphy, is an adult individual and a licensed driver within the Commonwealth of Pennsylvania with a residence address of I Teaberry Drive, Carlisle, 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 28,2005, Petitioner received a notice oflicense suspension for a period of one (1) year effective August 5, 2008, a copy of which is attached hereto, incorporated herein by reference and marked as Exhibit A. 4. Said suspension notice is in error and invalid for the following reasons: A. The alleged conviction of ~3802(a)(1) of the Motor Vehicle Code on October 11,2005 was a violation of ~3802(a), and as a first offense, carries no license suspension; B. The license suspension opposed is illegal and contrary to the provisions of the Motor Vehicle Code as amended February 1,2004. 5. A copy of the guilty plea and Order of Court dated October 11,2005 and the information of the Court of Common Pleas of Cumberland County pertaining thereto, is attached hereto, incorporated herein by reference and marked as Exhibit B, evidencing that the Defendant pled guilty to Count I, which was an alleged violation of75 Pa.C.S.A. ~3802(a)(1) for which there is no license suspension. 6. Therefore, the license suspension effective one (I) year is invalid and contrary to law. 7. Notwithstanding, the notice of November 28,2005 contains a second error as follows: A. The notice indicates that the driving privilege is suspended for a period effective August 5, 2008, implying that the Petitioner's license is suspended for a period oftime up to August 5, 2008. -2- 8. The Petitioner had filed an appeal of a license suspension and request for a hearing which was subject to a letter from the Department of Transportation dated June 8, 2005, a copy of which is attached hereto, incorporated herein by reference, and marked as Exhibit C, clearly indicating that the Department erred and that the license of the Petitioner herein was to be restored effective August 5, 2006. 9. Petitioner believes that the November 28, 2005 notice from PennDOT implying that his license is suspended up and until August 5, 2008 is in error and contrary to the June 8,2005 letter from the Department of Transportation. WHEREFORE, Petitioner prays this Court to grant his license suspension appeal and direct the Department of Transportation to undertake the following: A. Rescind the one (1) year suspension because the guilty plea of October 11, 2005 does not carry with it a license suspension; and -3- 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. DATE:J(i,/d.-O/ors I I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 28. 2005 CARLISLE PA 17013 WID * 053256122783987 001 PROCESSING DATE 11/21/2005 DRIVER LICENSE * 26213307 DATE OF BIRTH 10/25/1982 PATRICK THOMAS MURPHY 1 TEABERRY DRIVE LICENSE IN BUREAU Dear MR. MURPHY: This is an Official Notice of the Suspension of your Driving Privilege as authorized bY Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your 10/11/2005 conviction of violating Section 3802Al of the Vehicle Code DUI GENERAL IMPAIRMENT on 02/25/2004: . Your driving privilege is SUSPENDED for a period of 1 YEARCS) effective 08/05/2008 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation. we will send you a letter asking that you provide proof of in- surance 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 PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. -Ii - 053256122783987 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 28, 2005, of this letter. If YOU file an appeal in the County Cou~t, the Cou~t will give you a time- stamped ce~tified copy 01' 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 Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, jjK~ Janet L. Dolan, Acting Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ., v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-855-2004 COMMONWEALTH CHARGE: (1) DAI, GENERAL IMPAIRMENT PATRICK T. MURPHY OTN: L185365-5 AFFIANT: PTL. JEFF POTTEIGER IN RE: GUILTY PLEA & SENTENCING ORDER OF COURT AND NOW, this 11th day of October, 2005, the Defendant having tendered a plea of guilty to Count 1, Driving After Imbibing, said plea is accepted and recorded. The sentence of the Court is that he pay the costs of prosecution, plus a fine of $310.00, which includes a $10.00 EMS Services Fee, plus a $50.00 CAT Fund surcharge. By Edward E. Guido, J. John C. Dailey, Esquire Office of the District Attorney Kirk Sohonage, Esquire For the Defendant Probation Sheriff Court Administrator Victim - Witness srs -/3 - INFORMATION IN THE COURT OF COMMON PLEAS OF PENNSYL VANIA CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYL VANIA CRIMINAL ACTION NO. CP-21-CR-855-2004 VS. Pros: Ptl. Jeffery Potteiger Silver Spring Twp. Police Dept. PATRICK T. MURPHY THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY, by this Information charges that on or about Wednesday, the 25th day of February, 2004, in the said County of Cumberland, PATRICK T. MURPHY, did: COUNT 1: Driving After Imbibing - General Impairment (MISDEMEANOR -- $300.00 - N/A) drive after imbibing enough alcohol to render said person incapable of safe driving. C UNT 2: Dri ing After Imbibing - Highest Rate (.16%) (M DEMEANOR - $1,000.00 - $5,000.00 -- 72 Hours - 6 Months) driv operate or was in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that t e alcohol concentration in said person's blood or breath is .16% or higher within two hours after said person has driven, opera or been in actual physical control of the movement of the vehicle. 3: Under the Influence, High Rate of Alcohol, (.10 - .16%), 1st Mandatory (MISD MEANOR -- $500.00 -- - $5,000 .- 48 Hours - 6 Months) drive aft r imbibing enough alcohol such that the person's BAC is at least .10% but less than .16% within 2 hours of driving, Citation of Statute: and Section: 75 Pa.C.S.A. Sec. 3802 (a) (I) 75 Pa.C.S.A. Sec. 3802 (c) 75 Pa.C.S.A. Sec. 3802 (b) All of which is against the Act of Assembly and the peace and digt\' Keating for the Commonwealth Defendant f]" -::::':)! :nJ ',,'.,. ." , Zc :r, ('j ", c. ... _ L(~ ('f'n/, JI.h;t. PENNDOT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OmCE OF CHIEF COUNSEL VEHICLE Be TRAFFIc LAW DIVISION RIVERFRONT OFFICE CENTER. 3"' FLOOR 1101 SOUTH FRONT STREET' HARRISBURG, PA 17104-2516 TELEPHONE: (717) 787-2830 FACSIMILE: (717) 705-1122 ~ GoVERNOR'S OFFICE OF GENERAL COUNSEL June 8, 2005 Kirk S. Sohonage, Esquire 840 Market Street P.O. Box 480 Camp Hill, Pennsylvania 17001-0480 Re: Thomas Patrick Murphy v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Cumberland County, No. 05-1293, License Suspension Appeal Dear Attorney Sohonage: I am in receipt of your appeal regarding the above-mentioned matter. The Department by notice dated September 22, 2003, notified your client that as a result of the petitioner's violation of Section 6308 of the Crimes Code on June 23, 2004, the petitioner's operating privilege was being suspended for a period of2 years pursuant to Section 1532 of the Vehicle Code. A summary appeal was taken of that conviction and upon appeal the petitioner was found guilty of a violation on June 23, 2002, of Section 6308 of the Crimes Code. The clerk of courts sent the Department a notice of that conviction. The Department then by notice dated February 9, 2005, notified your client that as a result ofthe petitioner's violation of Section 6308 of the Crimes Code on June 23, 2004, the petitioner's operating privilege was being suspended for a period of2 years pursuant to Section 1532 of the Vehicle Code. The report of clerk of courts did not cross-reference the "nt" number from the District Court. You filed an appeal of the notice dated February 9, 2005, and requested that the suspension imposed by the notice dated February 9,2005, be rescinded. Please be advised that the Department corrected the record and rescinded and deleted the double conviction of a violation of Section 6308 of the Crimes Code and the associated suspension. See attached computer print outs. A hearing is scheduled for June 13, 2005, at 10:30 a.m. in Courtroom Number 5 in the Cumberland County Courthouse in this matter. As a result of the motorist's record being corrected, a hearing is not necessary. The matter could be disposed of by you withdrawing the appeal or by having a hearing and having the matter dismissed of as moot, If you choose to file a praecipe to withdraw, kindly provide me a copy of the praecipe so that I may close-out my file. -c- Sincerely, tt!d George rt-KabUSk Enclosure C7201500 2DL01510 TRAFFIC SAFETY INQUIRY LIST PDT05150 06/08/05 Customer 26213307 MURPHY,PATRICK,THOMAS Interlock entr Six Point entr Total Points 00 02 05 DUI Cntr 00 CDL DQ Cntr 00 CDL Major Cntr: 00 CDL STO CNTR 00 Date of Birth Suspension Cntr Driver Privilege: 10/25/82 004 SU Viol/Occ Section Date viol convict Date Action Trans Date Unc Eff Rein Chng St D Ind Date TS pts Cnt cy Q -------- -------- -------- -------------- -------- - -------- - --- 6308 6308 RESTORE 06/13/03 SUSPENSION 01/23/03 SUSPENSION RESCIND 01/16/03 06/24/03 07- 00 00 00 o 00 001 00 02/02/05 Next Trans Date ===> 13-SUBMENU 21-FIRST 17-PDPS 15-RETURN ~~~ . C7201500 2DL01510 TRAFFIC SAFETY INQUIRY LIST P~T05150 06/0S/05 Customer 26213307 MURPHY,PATRICK,THOMAS Interlock Cntr 00 DUI Cntr 00 Date of Birth 10/25/S2 Six Point Cntr 02 CDL DQ Cntr 00 Suspension Cntr 005 Total Points 05 CDL Major Cntr: 00 Driver privilege: SU CDL STO CNTR 00 Viol/Occ Section Convict Trans Vnc Eff Rein Chng St D Date viol Date Action Date Ind Date TS pts Cnt Cy Q -------- -------- -------- -------------- -------- - -------- - --- 01/16/03 RESTORE 01/16/03 07- 00 03/21/03 63 6 13/03 SU 03 OS/05/03 00 00 23/02 630S 01/23/03 SUSPENSION 09/15/03 OS/05 04 23/02 D630S SUSPENSION 02/02/05 OS/05/06 00 21 Next Trans Date ===> 13-SUBMENU 21-FIRST 17-PDPS IS-RETURN ~Ku~~ PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY JON 08 2005 PAGE 1 DRIVER: PATRICK THOMAS MURPHY 1 TEABERRY DRIVE CARLISLE, PA 17013 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE 26213307 OCT 25 1982 MALE REG LIC/rn DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES ORIG ISSUE DATE MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS C FEB 18 2003 OCT 26 2006 DEC 16 1998 NONE SUSPENDED CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS NONE CDL RESTRICTIONS NONE CDL LEARNER PERMITS: CDL LICENSE STATUS SUSPENDED SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED PL LICENSE EXPIRES : PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** CONTINUED *** PAGE 2 CERTIFIED DRIVING HISTORY - JUN 08 2005 - LICENSE NUMBER 26213307 CONTINUED w ~ _ . ~ . _ _ _ _ _ _ _ - - _ - - - - . - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUN 23 1999 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 050 MPH IN A 035 MPH ZONE JUL 02 1999 ASSIGNED POINTS OCT 08 1999 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 044 MPH IN A 030 MPH ZONE OCT 21 1999 POINT EXAM AUG 24 1999 CRIMES CODE: 6308 UNDERAGE ALCOHOL OFFENSE NOV 05 1999 SUSPENSION FOR 90 DAY(S) EFFECTIVE DEC 27 1999 OFFICIAL NOTICE MAILED NOV 22 1999 PASSED EXAM NOV 23 1999 RESTORATION OF OPERATING PRIVILEGES APR 28 2000 MAR 23 2002 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 057 MPH IN A 035 MPH ZONE MAY 07 2002 ASSIGNED POINTS *** CONTINUED *** . >P ., * PAGE 3 CERTIFIED DRIVING HISTORY - JUN 08 2005 - LICENSE NUMBER 26213307 CONTINUED VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: }\.CTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUN 08 2002 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 048 MPH IN A 030 MPH ZONE JUN 19 2002 DEPARTMENTAL HEARING JUN 23 2002 VEHICLE CODE: 3745 LEAVING SCENE OF ACCIDENT JUL 25 2002 POINTS/SUSPENSION FOR 120 DAY(S} EFFECTIVE SEP 06 2002 OFFICIAL NOTICE MAILED AUG 02 2002 NO ACTION AS A RESULT OF A HEARING RESTORATION OF OPERATING PRIVILEGES JAN 16 2003 MAR 21 2003 CRIMES CODE: 6308 UNDERAGE ALCOHOL OFFENSE JUN 13 2003 SUSPENSION FOR 1 YEAR(S} EFFECTIVE AUG 05 2003 OFFICIAL NOTICE MAILED JUL 01 2003 JUN 23 2002 CRIMES CODE: 6308 UNDERAGE ALCOHOL OFFENSE JAN 23 2003 SUSPENSION FOR 2 YEAR(S} EFFECTIVE AUG 05 2004 OFFICIAL NOTICE MAILED SEP 22 2003 POLICE PICKUP ISSUED SEP 29 2003 *** CONTINUED *** . ~ . PAGE 4 CERTIFIED DRIVING HISTORY - JUN 08 2005 - LICENSE NUMBER 26213307 CONTINUED ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** f ' > "" " .. CERTIFIED DRIVING HISTORY PAGE 5 JUN 08 2005 . LICENSE NUMBER 26213307 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~~,~ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:JUN 08 2005 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, @~_ f). ~~id-<- SECRETARY OF TRANSPORTATION SEAL ~. G> rc- ~ ~ ~ -..\ '}-) v-~ -C. D '<:;I; U'\ ,:, \, <:', --.", ~ n C' t.!> .., . , <V c:j C) .of' .-\ .-r. -(1 ~"n ~- ; r-' C-;. c<:' Co;.) ~. -z-; r...) s PATRICK THOMAS MURPHY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 'J.())j-- &761 : LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ~ ORDER AND NOW, thiS~daYOf ~ ,2005, upon Petition of PATRICK THOMAS MURPHY, a hearing is set on the License Suspension Appeal for the ~ -I day of ('iI~ ,200~ ,at ',jt) o'c1ock~,m.inCourtroomNo. S':fthe Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, 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) ofthe Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended beyond August 6, 2006, pending a final determinatiq~Hrtlrismatter B Distribution: J. Prothonotary's Office .,A5'ffice of Chief Counsel, Penn DOT 1101 S. Front Street, Harrisburg, PA 17104-2516 v..Y.Richard Wagner, Esquire 2233 North Front Street, Harrisburg, PA 17110 ,l~~ ~>> ~' i If,1(--' I\.-L, '" , '-' '~',\'(;) ., 1 "1 If>! (,. .( ;-,J OS J30 SOOl Ab\ Lu;<".ji~':.;_ULi.J 3Hl :10 '~j:):~;JO--(En!:l PATRICK THOMAS MURPHY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2005-6761 : LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING PRAECIPE TO THE PROTHONOTARY: Please withdraw the above-captioned license suspension appeal, as PennDOT has corrected the record. Respectfully submitted, Mancke, Wagner & Spreha ~ Attorneys for Patrick Murphy Date: ,??/~!!ti' I I ,~::> , ,I r_J