HomeMy WebLinkAbout06-6011
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. O~- (,OJI ~ ,-~
vs.
CIVIL ACTION - LAW
LAWRENCE D. MCKINLEY
APPEAL FROM DRIVER'S LICENSE
SUSPENSION
PETITION FOR APPEAL FROM THE ORDER OF THE DIRECTOR OF
THE BUREAU OF DRIVER LICENSING
SUSPENDING OPERATING PRIVILEGES
AND NOW comes the Petitioner, Lawrence D. McKinley, by and
through his attorney, David J. Foster, Esquire, COSTOPOULOS, FOSTER
& FIELDS, and respectfully represents as follows in support of this
Petition:
1. Petitioner resides at 7202 Adrienne Glen Avenue,
Springfield, Virginia 22152.
2. petitioner is duly licensed by the Virginia Department of
Transportation to operate a motor vehicle under Driver's License
No. 290 644 87.
3. In a letter with a mail date of September 14, 2006,
Petitioner was notified by the Pennsylvania Department of
Transportation that his driver's license privileges would be
suspended for a period of one (1) year pursuant to Section
1547(B) (II) of the Vehicle Code (chemical test refusal), effective
October 19, 2006. A copy of the letter is attached hereto.
4. The aforesaid Order of the Pennsylvania Department of
1
Transportation is illegal, unconstitutional and an abuse of
discretion for the following reasons:
a) the Petitioner, whose car had gone over the curb,
struck and knocked down a street sign and then collided
with a utility pole, was disoriented and confused and, in
fact, was being treated in the emergency room of
Harrisburg Hospital at the time the police officer
administered Pennsylvania's Implied Consent Law;
b) the police officer administered a confusing,
erroneous version of Pennsylvania's Implied Consent Law;
and
c) because of the confusing, erroneous version of
Pennsylvania's Implied Consent Law administered to the
Petitioner, the petitioner did not understand or realize
that invoking his right to counsel would result in a
license suspension.
2
WHEREFORE, Petitioner, Lawrence D. McKinley, based on the
foregoing averments, respectfully requests that Your Honorable
Court grant him a supersedeas as provided by the Vehicle Code and,
upon hearing, reverse the Order of the Pennsylvania Department of
Transportation and reinstate his driver's license privileges.
RESPECTFULLY SUBMITTED:
~
David . Fost
COSTOPOULOS, F STER & FIELDS
831 Market Street/p.O. Box 222
Lemoyne, PA 17043
Phone: (717) 761-2121
ATTORNEY FOR PETITIONER
DATED: October 13, 2006.
3
CERTIFICATE OF SERVICE
I, David J. Foster, Esquire, attorney for Petitioner, do
hereby certify that a certified copy of the within PETITION FOR
APPEAL FROM THE ORDER OF THE DIRECTOR OF THE BUREAU OF DRIVER
LICENSING SUSPENDING OPERATING PRIVILEGES, was served upon the
Director, Bureau of Driver Licensing, Pennsylvania Department of
Transportation, by placing it in the United States Mail, postage
prepaid, certified mail - return receipt requested, on the below
date and addressed as follows:
Office of Chief Counsel
Pennsylvania Department of Transportation
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
BY: DaVid~~~
DATED: October 13, 2006.
4
S~p 14 06 03:45p
p. 1
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver licensing
Mail Date: SEPTEMBER 14, 2006
LAWRENCE D MCKINLEY
7202 ADRIENNE GLEN AVE
SPRINGFIELD VA 22152
WID t 062506194993299 001
PROCESSING DATE 09/07/2006
DRIVER LICENSE I 29064487
DATE OF BIRTH 11/27/1945
Dear MR~ MCKINLEY:
This is an O~~icia1 Notice o~ the Suspension of your Driving
Privilege as authorized by Section 1547811 of the
Pennsylvania Vehicle Code. As a result of your violation
of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL,
on 08/06/2006:
· Your driving privilege is SUSPENDED ~or a period of 1
YEAR(S) effective 10/19/2006 at 12:01 a.m.
Before PennDOT can rest~re your driving privilege, you must
follow the instructions in this letter for COMPLYING WITH
THIS SUSPENSION and PAYING THE RESTORATION FEE. You should
follow ALL instructions very carefully. Even if you have
served all the time on the suspension/revocation, we cannot
restore your" driving privilege until all the requirements
are sat1s~ied.
COMPLYING WITH THIS SUSPENSION
You must acknowledge this suspension of your driving
privilege. You will not receive credit toward serving any
suspension until we r"ecei_~e_ your aCI<!,.ow1~dgment_fJ:H~m_. __'{au
may surrender the acknOWledgment form before this date,
10/19/2006, for earlier credit. Complete the following
steps to acknowledge this suspension:
1. Complete the enclosed DL-16LC acknowledgment form.
2. Be sure to sign the form.
3. Return the form to:
Pennsylvania Depart~ent of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
4. Upon ~eceipt, review and acceptance of this
acknowledgment, PennDOT wi 11 send YOU a receipt
confirming the date that credit began. If YOU do not
receive a receipt from us within 3 weeks of mailing your
documents, please contact our office. Otherwise. YOU
S~p 14 06 03:45p
062506194993299
will not be given credit toward serving this suspension.
PennDOT phone numbers are listed at the end of this
letter.
PAVING 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 Restorati on. 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
Comlllon Pleas (Civil Division) within 30 days of the mail
date, SEPTEMBER 14. 2006, of this letter. If you file an
appeal in the county Cour't I the Court will give you a
time-stamped certified copy of the appeal. In order for
your appeal to be valid. yoU lIust 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
-------.---
Ha r rTsl5urg~ pA '.--1Hif,,=z-S16
Remembe r, t hi s is an OFFICIAL NOTICE OF SUSPENSION. Vou
must return the enclosed DL-16LC acknowledgment form to
PennDOT by 10/19/2006.
Sincerely,
~b~~
Janet L. Dolan, Director
Bureau of Driver Licensing
p.2
S~p 14 06 03:4Sp
p.3
062506194993299
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 TOO OUT-OF-STATE 717-412-5380
WEB SITE ADDRESS www.dmv.state.pa.us
Sep 14 06 03:45p
"
p.4
ACKNOWLEDGMENT of
SUS PENSION/REVOCA TION/DISQUALlFICA TION/CANCELLA TION AS REQUIRED UNDER
SECTION 1541 OF THE VEHICLE CODE
I Please Print All Information in Ink I
ALL information MUST De completed or credit will not be given. An aedit will be based on tile postmark date of your mailing,
INSTRUCTIONS FOR FILLING OUT THIS FORM:
1, SECTION A: Please provide any personalln!armation !nal is not already completed,
2, SECTION B: If you have a Change of address, please provide this InformatiOn. NOTE: Your voter registration will be cMnged unless you
check tne bOx belOw your new aOdress information,
3. SECTION C: Please sign th,S section, otherwise tills form WILL BE REJECTED,
4, SECTION 0: Please send thIS ferm to the address listed In SECTION D,
If you are a reSident of Pennsylvania, ana you are 16 years of age or older, you are eligible for a photo identlllcatlon card, You may apply for a
photo identification card at any Driver license Center for a cost of S10,OO. You must present two (2) forms 01 proper identification (i.e., birlt1
certihcate, valid U,S. passport, marriage certificate, voter reglstration,etc.) '1'1 order to obtain your photo ,Clentificalion card,
m
29064487
D ate of Bi rth
MCKINLEY
Social _5 e9!r:!ty ~umber
First Name
Middle Name
PA Dnver's license Number
Last Name
I.AWRENCE
Daytime TelePhone NumlJeL
11/2711945
In
CHANGE OR CORRECTION OF ADDRESS
New Street Address I City I State I Zip COCle
o By I"w, if you are registered to vote, this appliciltion will change your VOler registration aaiJress unless you checl< here.
i
ACKNOWLEDGMENT AND CERTIFICATION
I, , hereby acknowleClge that my driving privilege is Suspended/RevOkeClJDisquallfled in Pennsylvania,
Please Print your Name
AND
I cerlify that all InformallO" given on this aCknOwledgment is true and correct, and hereby apply for proper credit. I understand that upon
restoration, I will be reqUired to apply for the issuance, renewal or replacement 01 my DrIver's License, Leamer's Permit or Camera Card,
wtllchever is needed in Order to be licensed In Pennsylvania, II I use a messenger service, 1l1ereby authorize PennOOT to furnish tllem wrth
my driVing record for tne purpose of process,ng this form.
X
Signature In Ink Dale
WARNING: Misstatement of fact is a miSdemeanor or the third degree, puniShable by a fine of up to $2,500.00 andlar impriSanmenl up 10 one
year (18 PA C,S. SectIon 4904(1))),
PLEASE NOTE: If you leel you are entitled to credit basea on a date other than the postmark date of your mailing, or if you nave alreaoy
surrendered your driver's license or SUbmItted an affidaVit, please explain. ~. --
-
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ADDITIONAL INFORMATION
This form must be mailed to:
PennDOT' Bureau 01 Driver licensing. P,O, Box 68693 ' Harnsburg, PA 17106,8693
Upon receipt. review and acceptance 01 this aCknowledgment, PennDOT will send you a receipt, confirming the oate that credit began. If you
do not receive this receipt Within 3 weekS of your mailing, please contact PennDOT at the telepllone numberls) listed below:
INFORMATION (8:0D a,m. to 6:00 p.rn,'
In State: 1-800-932-4600 TOO In State; 1-800-228.067B
OUl-()f-Slate: 1-717-412-5300 TDD Out.or.State: 1-'17.412.5380
Please keep a copy of thiS lorm lor your records.
DL-16LC
Sep 14 06 03:45p
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290644871.12745
25.00
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LAWRENCE D MCKINLEY
7202 ADRIENNE GLEN AVE
SPRINGFIELD VA 22152
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ORIGINAL
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.
D ~- ~ (J II
vs.
CIVIL ACTION - LAW
LAWRENCE D. MCKINLEY
APPEAL FROM DRIVER'S LICENSE
SUSPENSION
ORDER
AND NOW this '}3~
day of October 2006, upon consideration
of the within PETITION FOR APPEAL FROM THE ORDER OF THE DIRECTOR OF
THE BUREAU OF DRIVER LICENSING SUSPENDING OPERATING PRIVILEGES,
suspending the operating privileges of Petitioner, Lawrence D.
McKinley, a hearing shall be held at
IOrIA day of ~
3
<<? ~.s-
A
m. on the
, 2001 in Courtroom No.
of
Carlisle,
the
Cumberland
County Courthouse,
Pennsylvania.
This Appeal shall act as a supersedeas of the suspension order
of Petitioner in the interim.
~J
J.
Distribution:
David J. Foster, Esq., 831 Market Street, Lemoyne, PA 17043
Office of Chief Counsel, PA Department of Transportation, 3rd
Floor, Riverfront Office Center, Harrisburg, PA 17104-2516
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE D. McKINLEY,
Petitioner
v.
NO. 2006-6011 Civil Term
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
ORDER
AND NOW, this 10TH day of January, 2007, based on Petitioner's desire to
discontinue this matter, the appeal filed in the above referenced matter is DISMISSED.
The license suspension which is the subject of this appeal shall be REINSTATED,
effective April 15, 2007.
BY THE COURT:
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DistribUtion. :3
David J. Fos r, Esq., 831 Market Street, Lemoyne, PA 17043
Beverly J. Points, Esq., Pennsylvania Department of Transportation, Office of Chief
Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-
2516
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