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Home My WebLink About06-1976 ROBERT DUNHAM v. : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO: 0&" /97& ~ ~ COMMONWEALTH OF PA DEPARTMENT OF TRANSPORT A nON BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes the Petitioner, ROBERT DUNHAM, by and through his attorneys, Mancke, Wagner & Spreha, and files the following License Suspension Appeal: I. Your Petitioner, ROBERT DUNHAM, is an adult individual and a licensed driver in the Commonwealth of Pennsylvania with a residence address of 308 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at P,O. Box 68693, Harrisburg, Pennsylvania. 3, On or about February 11,2006, Petitioner was charged with allegedly driving violating 75 Pa.C.S.A, ~~3802(a)(l) and 3802(c) of the Motor Vehicle Code. 4, On or about March 8, 2006, Petitioner received a notice of license suspension, a copy of which is attached hereto, incorporated herein by reference, and marked as Exhibit A, for allegedly refusing to submit to a chemical test authorized by ~1547(b)(3) of the Motor Vehicle Code. 5. Petitioner believes and therefore avers that the suspension as set forth in the attached notice dated March 8, 2006 is null and void, ineffective and invalid for the following reasons: A. Petitioner has not been charged with refusing to take the breath test as evidenced by the Complaint alleging 75 Pa.C.S.A, ~3802(c) of the Motor Vehicle Code; B. Petitioner did not refuse to take a breath, blood or urine test; C. Petitioner was not properly advised of the consequences of not taking the test; D. Petitioner was required to give up his constitutional rights to counsel, and on his right to remain silent, all in violation of his constitutional rights under threat of taking or not taking the test; and E. The breath testing device was not properly calibrated or recertified, 6. As a result of the above, Petitioner believes and therefore avers that the suspension of his driving privileges is inappropriate, invalid, null and void and should be set aside. -2- WHEREFORE, Petitioner prays this Court to grant his appeal from the license suspension, and determine that his suspension is null and void, Respectfully submitted, Mancke, Wagner & Spreha By P. . ar agner, Esquire I, 103 33 North Front Street Harrisburg, PAl 711 0 (717) 234-7051 Attorneys for Petitioner Date: .<;J 6/tJ~ r f -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.A. ~4904, relating to unsworn falsification to authorities. f /61ot. . ,-(Uo 0 Date: i V COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 08, 2006 ; \ -__.--J SHIREMANSTOWN PA 17011 WID * 060606187681880 001 PROCESSING DATE 03/01/2006 DRIVER LICENSE * 13178694 DATE OF BIRTH 06/09/1947 ROBERT DUNHAM 308 E GREEN STREET Dear MR. DUNHAM: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code _ As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 02/11/2006: . Your driving privilege is SUSPENDED fol"' a pel"'iod of 1 YEAR(Sl 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 photo identification card at any Driver License Center for a cost of $10,00, You must present two (2) forms of proper identification (e.g., birth certificate, valid U,S, PHSSfJOrt" marriage certificate, etc.) in or-del tu ubtain your photo identification card. 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's license for identification purposes. Please send these items to: -Ii - 060606187681880 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 licensees), 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 credi t toward servi ng thi s suspension. PennDOT phun~ lIUiliut=r's 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. 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 PennOOT by 04/12/2006. , 060606187681880 Sincerely, bK~ Janet L. Dolan. Acting Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. IN STATE 1-800-932-4600 TOO IN STATE 1-800-228 0676 OUT-OF-STATE 717-412-5300 TOD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us '" \.. . ik'" ~- ~-~ ~ ~~\~ "- f' "" , ~ ~ ~ 'Jv -- ~ --J (;'- ",. --C:: ~~ ,,~.) -..... '-^ , \'\' Lr, <2\ '- '" " "- \J', , ,-". "I .> r', ~ .), ~. .......... , v' ('j r; , r-<'l '.;.::.1 , ~... , ,-^) "n -, , (I) ii, c~ ROBERT DUNHAM, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2006-1976 CIVIL COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATORS LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, ORDER OF COURT AND NOW, this 13th day of April, 2006, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, IT IS HEREBY ORDERED that a hearing shall be held regarding this matter on the 29th day of June, 2006, at 10:00 a.m. in Courtroom NO.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedes is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the Court, ~--t. M. L. Ebert, Jr., J. ~hard Wagner, Esquire Attorney for Appellant ~rge Kabusk, Esquire Attorney for Appellee .l bas ()(p 'A/0~ \) c" 'I' 0"" : \ \ C'\ '," .' ..! ~(J -',I , , ROBERT DUNHAM, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2006-1976 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. The Department mailed to Robert Dunham, O.L.N. 13178694, a notice dated March 8, 2006, informing the petitioner that as a result of the petitioner's violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on February 11, 2006, the petitioner's driving privilege was being suspended for a period of 1 year as mandated by Section 1547 of the Vehicle Code. 2. The petitioner :filed an appeal of the above mentioned suspension in the Court of Common Pleas of Cumberland County. 3. A hearing in the matter is scheduled for June 29,2006, at 10:00 a.m. in Courtroom Number 5 of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania. , , 4. The refusal was reported to the Department of Transportation by Officer Thomas Gelnett of the Lower Allen Township Police Department. 5. Officer Gelnett is a necessary witness for the Department's case. 6. Officer Gelnett is scheduled for vacation leave for the week of June 29, 2006, and will be unavailable to testify on June 29, 2006. 7. The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 of the Vehicle Code. 8. The undersigned counsel contacted P. Richard Wagner, Esquire, attorney for the petitioner, and Mr. Wagner does not objection to the granting of a continuance in this matter. 9. The undersigned counsel respectfully requests a continuance and that the case be rescheduled for hearing. WHEREFORE, the Department respectfully requests that the Department's Motion For Continuance be granted and that the aforesaid hearing be continued and rescheduled. Respectfully submitted, GiSi~t~~ Assistant Counsel Office of Chief Counsel Riverfront Office Center 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 Date: May 17, 2006 ROBERT DUNHAM, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2006-1976 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL VERIFICATION I verify that the statements made in the Motion for Continuance are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~!:! ~< Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: May 17, 2006 ROBERT DUNHAM, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2006-1976 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, P A 17110 -dkw fL~C Goo g H. husk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: May 17, 2006 8 -......- ""0 6'1 rf1p ~S:. ~~, ::::'''"c :z: =< I"-.) => = CT" :J: >- -<: o ." :r:n m, -orn 7)0 06 ;,:;-..1 -,', c'5 (~ -" ~ ~5m ~ ~1> ~ -oJ -0 ::s;: N , ROBERT DUNHAM, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY 1 8 2006,,( 2006-1976 f' LICENJ SUSPENSION APPEAL v, COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this >>....,J day of ~ , 2006, upon consideration of the Department's Motion to Continue, the Motion is hereby granted, and the Matter is Continued and rescheduled for hearing on the J q 'J1.- day of ~ _ _ at q.'C () .J!.m, in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT ,'\ J, ~ \"ll\Vi\"j,\S>lhJ.3d AlNnO^ . ",r";:::8~"Jn~ 21 :6 Wri 82 AlfW 900l Ab'V10NOHJD::Jd 3Hl :10 3;]1.:;{"':~O:]1" \",. ."'~,_ _ 0 ROBERT DUNHAM, Petitioner v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-1976 CIVIL COMMONWEALTH OF PENNSYLVANIA, : APPEAL OF OPERATORS LICENSE DEPARTMENT OF TRANSPORTATION, : SUSPENSION BUREAU OF DRIVER LICENSING, ORDER OF COURT AND NOW, this 14th day of June, 2006, due to a scheduling conflict with the court, the hearing previously scheduled for July 19, 2006 at 9:00 a.m. has been rescheduled to Tuesday, July 18, 2006 at 1 :30 p.m. in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. All other aspects of the previous order remain in full force and effect. By the Court, Aichard Wagner, Esquire Attorney for Petitioner A"eorge Kabusk, Esquire ~ Attorney for Penn Dot ~l ~\ M. L. Ebert, Jr., \ J. bas I\\)\p O\)' G 11 :01 tVJ \'j I t ;nr goOl Ndv l.U;\~~,.l.GUd 3Hl :10 3:);:1::0-0311:1 ROBERT DUNHAM, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 2006-1976 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, Robert Dunham, 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.lL\ M. L. Ebert, Jr., P. Richard Wagner, Esquire For the Petitioner George H. Kabusk, Esquire For the Respondent ..tit II {~.A , ~ ,- ;nO& Q-.. :lfh 'ij r'j :C~ ~..lh\i' t'j (-; AJ\/J.i:;'