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Home My WebLink About06-2000 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent STATUTORY APPEALS VS. No. SA 01.0 - )000 C,v'l-l.:.;''''- Chris W. Failor, Petitioner PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE TO THE HONORABLE JUDGES OF THIS COURT: AND NOW, this 7'h day of April, 2006, the Petitioner, Chris W. Failor, by and through his attorney, Paul Bradford Orr, Esquire, respectfully avers the following: 1. Petitioner, Chris W. Failor, is an individual with an address of P.O. Box 656, Main Street, Meehaniesburg, Cumberland County, Pennsylvania. 17055 with a Pennsylvania operator's number of 19750810. 2. On or about March 8, 2006, Petitioner received an Otlicial Notice of Suspension from the Pennsylvania Department of Transportation notitying him that his driving privilege was being suspended for a period of I year effective April 12,2006. (A true and correct copy of this notice is attached and marked as Petitioner's Exhibit "A"). 3. The suspension arises out of Petitioner's alleged violation of Section 1547 of the Pennsylvania Vehicle Code for his alleged retusal to submit to a chemical test, 4. This suspension is not supported by the evidence and is therefore erroneous as a matter of law. 5. According to the Probable Cause Atlidavit. upon stopping Petitioner's Vehicle, the Arresting Otlicer detected an odor of alcohol on Petitioner's breath. 6. Petitioner asserts that the Arresting Otlicer administered at least two (2) separate Chemical Tests subsequent to the traffic stop. .# 7. Petitioner asserts that he consented to these multiple Chemical Tests. 8. According to Petitioner, he was then taken to a Police Station and requested to submit to yet another Chemical Test of his breath. 9. Petitioner asserts that he only refused this second set of tests due to his sincere belief that he had already given proper samples of his breath under the Implied Consent Law. WHEREFORE. Petitioner respectfully requests that his appeal be granted as he did not make a knowing and conscience refusal to provide samples of his breath when asked by a Police Officer. Furthermore. Petitioner respectfully request this Honorable Court to enter a stay of the suspension previously requested by the Department of his mitt Operating Privileges pending the outcome of this ap e "\ J l Paul Bradford Orr. Es uire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court 1D No. 71786 .j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent STATUTORY APPEALS VS. No. SA Chris W. Failor, Petitioner ATTORNEY VERIFICA nON The undersigned. Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for the Defendant; 2. He is authorized to make this verification on his behalf: 3. The facts set forth in the foregoing Petition for Appeal from Order of Department of Transportation Suspending Operator's License are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein made subject to the penalties of 18 Pa. R 1 C.S. 4904, relating to unsworn falsifica ion t By. Paul B dford rr. Esquire 50 East High Street Carlisle.PA 17013 (717) 258-8558 Attorney for Defendant Superior Court ID# 71786 ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent VS. Chris W. Failor, Petitioner CERTIFICATE OF SERVICE STATUTORY APPEALS No. SA I hereby certify that a true and correct copy of Petitioner's PETITION FOR APPEAL OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE was served upon the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor. Riverfront Otlice Center Harrisburg. P A 17104-2516 Date: 1 Db Paul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle. P A 17013 (717) 258-8558 Supreme Court ID No. 71786 (j) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 08, 2006 CHRIS W FAILOR MAIN STREET PO BOX 656 MECHANICS BURG PA 17055 WID # 060606187681937 002 PROCESSING DATE 03/01/2006 DRIVER LICENSE t 19750810 DATE OF BIRTH 10/14/1961 Dear MR. FAILOR: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BI1 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 02/17/2006: . Your driving privilege is SUSPENDED fol' a pel'iod of 1 YEAR(S) effective 04/12/2006 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 04/12/2006. You may surrender these items before, 04/12/2006, 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 identification card at any Driver License Center for of $10.00. You must present two (2) forms of identification (e.g., birth certificate, valid passport, marri~ge certificate, etc.) in order to your photo identification card. photo a cost proper U. S. obtain You will not I'eceive cl'edit towal'd sel'ving any suspension until we I'eceive youI' 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 notarized 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' 5 license for identification purposes. Please send these items to: Petitioners Exhibit "A" 060606187681937 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permitCs), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive 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 products, 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, MARCH 08, 2006, of this letter. I~ you ~ile an appeal in the County Cou~t, the Cou~t will give you a time-stamped ce~ti~ied COpy o~ 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 04/12/2006. 060606187681937 Sincerely, .btf.~ Janet L. Dolan, Acting Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 8:00 a.m. to 6:00 P.m. 1-800-932-4600 TOO IN STATE 717-412-5300 TOO OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-412-5380 0) l=~) ~ r-:: ''''4 U_ C) ,,>. .- S'i~ ~' r-- I ....:, c; c: .. .. 1..-"": \....1 ~ ~ Q"\r\ ~~ -~ ~~ ~~p ! ~-d ~ u ~ a.... ~ .' I--~'---::;'--'_....... " '/~_...1,...J: ! {..A.. ..P..R 10.2005 !-' , I 13Y_:cc: . -c~cc_o, <1 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEAL TH OF PENNSYL Y ANIA DEPARTMENT OF TRANSPORTATION, Respondent STATUTORY APPEALS YS. No. SA 010 ~J()(J 0 c.,'vi I Te~V"V'\ Chris W. Failor, Petitioner ORDER AND NOW, this }3-,1- day Of~, 2006, upon consideration of 't<.- Appellant's appeal, a hearing shall be held on the~q day of~ .2006. at q:3 Do' clock ~ M in Courtroom Number S , Cumberland County Courthouse, Carlisle, Pennsylvania. AND NOW, Respondent is hereby ordered to reinstate Petitioner's driving privilege via supersedeas pursuant to 75 Pa.C.s. ~1550(b) pending said hearing. BY THE COURT: ~\ '\ ~ .I. ~radford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 ~~ylvania Department of Transportation \ . Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, P A 17104-2516 olP o~xy Cumberland County Court Administration ;-, ('I' .ell 'I" ~, 1" ,'^n-' :..1 ':.. .1) :. t, I )~'.;,~ . Ii ;:ill COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-2000 CIVIL TERM V LICENSE SUSPENSION APPEAL CHRIS W. FAILOR, Petitioner IN RE: APPEAL OF LICENSE SUSPENSION ORDER OF COURT AND NOW, this 29th day of June, 2006, after hearing in this matter, the Court finds that the Commonwealth has sustained its burden of proof; and, therefore, the petitioner's appeal is dismissed and the previous suspension is reinstated. By the Court, ~~ M. L. Ebert, Jr., J. George Kabusk, Esquire For the Respondent '>- Paul Orr, Esquire ~ For the Petitioner ,---j-O(P ~ ~ JI6 :mtf ~ " ~,t .' .~ './ " . ~ :'~ 'CJl DS ;. I"' .:JU