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Home My WebLink About06-0384 BENJAMIN S. RIGGINS, Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA >o.()1v -j91 CIV I I I ~APpeal of Operator I : Suspension I License COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee APPEAL OF OPBRATOR! S LICENSB SUSPBNSIO AND NOW comes the Appellant, Benjamin S, Riggins and respectfully avers the following: 1. Appellant resides at 580 Nauvoo Road, Lewisberry, York County, Pennsylvania 17339. 2, The underlying violation that is alleged fo occurred in Cumberland County. 3. Appellant received a notice dated December 26 2005, that as a this Suspension result of his alleged violation of Pennsylvania Crimes ode Section 3736, offenses related to reckless driving, his driving pr' vi lege was being suspended for a period of six months, effective d te of suspension January 30, 2006, at 12:01 a,m. A true and correct cop of the Notice is attached as Exhibit ~A". WHEREFORE, your Appellant respectfully requests yo r Honorable Court to schedule a hearing on the matter and to reverse the Department's Order to suspend his Pennsylvania operating privileges. Date: January 19, 2006 Respectfully submit ed, ~/~- Ben~s. R' g ns 580 Nauvoo Road f Lewisberry, Pennsy1 ania Tel. (717) 315-6271 , 17339 LEWISBERRV PA 17339 WID t 05353615017~014 001 PROCESSING DATE 1~/19/2005 DRIVER LICENSE t 126928827 DATE Of BIRTH 06/eO/1983 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 26, 2005 BENJAMIN SCOTT RIGGINS 580 NAUVOO ROAD Dear MR, RIGGINS: This is an Official Notice of the suspension of your Dri~ing Privilege as authorized by Section 1532B of the pennSYIV~nia Vehicle Code. As a result of your 11/11/2005 convictio of violating Section 3736 of the Vehicle Code RECKLESS DRI ING on 11/04/2005: i \ Your driving privilege is SUSPENDED fo~ a pe~iod tf 6 MONTH(S) effective 01/30/2006 at 12:01 a.m. , Before PennDOT can restore your driving privilege, yoU t. ust follow the instructions in this letter for COMPLYING ITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVI ING PROOF OF INSURANCE, You should follow ALL inst~uctions Ve~y ca~efuIIY. Even if you have se~ved all the time on [the suspension/~evocation, we cannot ~esto~e you~ d~iving priv- ilege until all the ~equi~ements a~e satisfied, i . COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporarv driver's licenses (ca~. era cards) in your possession on or before 01/30/2006. You may surrender these items before. 01/30/2006, for ear ier credit; however, you may not drive after these items are surrendered, 1 I YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICAIION PURPOSES. However, you may apply for and obtain a p oto identification card at any Driver License Center for a ost of $10.00, You must present two (2) forms of proper i en- tification (e.g" birth certificate, valid U.S. passp rt. marriage certificate, etc,) in order to obtain your p~oto identification card. You will not ~eceive c~edit towa~d se~ving any suspen$ion until we ~eceive you~ licensees), Complete the folloWing steps to acknowledge this suspension, 053536150175014 1. Return all current PennsYlvania driver's licenbes, learner's permits and/or camera cards to PennDOT, If you do not have any of these items, send a sworn n~ta- rized letter stating you are aware of the suspensioh of your driving privilege, You must specify in your leltter 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 Bureau of Driver Licensing P,O, Box 68693 Harrisburg, PA 17106-8693 ' Upon receipt, review and acceptance of your PennsYlvbnia driver's licensees), learner's permit(s), and/or a s~orn notarized letter, PennDOT will send you a receipt ~on- 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 num ers are listed at the end of this letter, i If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylv!'>nia State Police for prosecution under SECTION 1571 (ai) (4) of the Pennsylvania Vehicle Code. 2, 3, 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, . Write your driver's license number (listed on the f~rst page) on the check or money order to ensure prpper credit. I Follow the payment and mailing instructions on the rack of the application. 2, 3. 053536150175014 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 accep~able documents and what will be needed if you do not own a veijicle 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, APPEAL You have the right to appeal this action to the Cou t of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 26, 2005, of this letter, If you fi e an appeal in the County Cou~t, the Cou~t will give you a ime- stamped ce~tified copy of 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, thi s is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license prdducts to PennDOT by 01/30/2006, Sincerely, SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P,O. Box 68693 Harrisburg, PA 17106-8693 4t-f.~ Janet L. Dolan, ActinglDirector Bureau of Driver Licenfing INFORMATION (7:01 AM TO 9:00 PM) IN STATE r 1-800-932-4600 OUT-OF-STATE I 717-391-6190 TDD IN STATE 1-800-228-0676 TOO OUT-OF-STATE 717-391-6191 - .-- L ~ i i,....... -- .._~, i=: ,'_' !L c: c,', " c'~ "-"'_:~ c:> <-.: \.]'-. ----- -- ~ s () ~ i:: Y) ~~ U ~ (j ~- v 1.c\ ~.~ <X' ~CLQ --- . j '" 2 3 2006 BENJAMIN S. RIGGINS, Appellant r : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. () /; -38 i (! , V / I v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : Appeal of Operators License : Suspension ORDER OF COURT AND NOW this 1..lt.'\\-. day of ~@ within APPEAL OF PERATORS 2006, LICENSE upon consideration of the SUSPENSION, it is hereby ordered 3/;.r that a hearing shall be held 2006 _~1-- -5 of the Cumberland regarding this matter on the day of at II: DC r:.~/p ,m, in the Courtroom NO. County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b) (1) until such time that this honorable court resolves this appeal. BY THE COURT ~t J. Distribution: vrPA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 j (2. 'J.. "H\\\,J K\(-\C\l~S ~ D<~ I - UCN, I' ,.jJ ~~ ) "OLD . "lJ ( Q r 1 (1 "~, ,U '"' l.(~ !,:',':r BENJAMIN S, RIGGINS, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 06-384 CIVIL IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 31st day of March, 2006, after hearing in this particular matter and considering the evidence presented by the Commonwealth in Commonwealth's Exhibit No.1 and examining Appellant's Exhibit No.1, which basically recites an admission of the Reckless Driving and a request for mitigation, the Court finds that the Commonwealth has sustained its burden and the appeal of the Appellant is denied. The previous suspension of driving privileges is reinstated. By the Court, ~k~ M. L. Ebert, Jr., J. ~jamin S. Riggins 580 Nauvoo Road Lewisberry, PA 17339 ~orge H. Kabusk, Esquire For the Commonwealth :lfh (' " .\ v '; i,L -.'.'