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HomeMy WebLinkAbout06-6685JASON T. MOORE, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. b~O' ~G~S ~~~1 ~c~~ COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, :APPEAL OF OPERATOR'S LICENSE Appellee :SUSPENSION APPFAi nF nPFRATnR'c 7.7f'F.NCF. CiTCPFNSinN AND NOW, comes the Appellant, Jason T. Moore, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully avers the following: 1. Appellant resides at 313 9~' Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Appellant received a Notice dated October 23, 2006, that as a result of his alleged violation of Vehicle Code Section 1547, Chemical Test Refusal on May 21, 2006, his driving privilege were being suspended for a period of (1) one year, effective suspension date November 27, 2006, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." 3. The Appellant submits that the police officer lacked a reasonable basis to request Appellant to submit to a chemical test. 4. The Appellant submits that he did not intelligently and voluntarily refuse to submit to a chemical test. 5. The Appellant submits his actions did not constitute a refusal. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. pe ly s mitt d, .~ Patrick F. Lauer, Jr., E uire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: November 20, 2006 ID# 46430 Tel. (717) 763-1800 JASON T. MOORS, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, :APPEAL OF OPERATOR' S LICENSE Appellee :SUSPENSION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Jason T. Moore, hereby verifies and states that: 1. I am the attorney for Appellant, Jason T. Moore, 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, ,---- Patrick F. Lauer, r., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: November 20,2006 ID# 46430 Tel. (717) 763-1800 JASON T. MOORS, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : 'APPEAL OF'OPERATOR'S tJICENSE Appellee :SUSPENSION I hereby certify that I am this day serving a copy of the foregoing Appeal of Operator's License Suspension. upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail,: certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office ofChief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Patrick F. Lauer,,. Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: November 20, 2006 ID# 46430 Tel. (717) 763-1800 • r: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 23, 2006 JASON T MOORS WID * Ob2896318450144 001 28 N NICHOLAS ST PROCESSING DATE 10/16/2006 DRIVER LICENSE ~ 25502320 SAINT CLAIR PA 17970 DATE OF BIRTH 12/18/1980 Dear MR. MOORS: 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 05/21/2006: ^ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective ili27i2006 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 11/27/2006. You may surrender these items before, 11/27/2006, 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 510.00. You must present two (2) forms of proper identification (e.g., birth certificate. valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving anY suspension until we receive your 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: 062896318450144 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 permit(s), 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, OCTOBER 23, 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 PennDOT by 11/27/2006. 062896318450144 Sincerely, ~~ ~,e~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. IN STATE 1-80.0-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.aa.us i-y r.~ ~, n Nv- n ~,; r~ _~; ;y _ '• f Uy w ~ - `~ a ~J ~ Q C~ --C ~~ Nov 27 zoos ,~sl JASON T. MOORE, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ~ ~ ~ f0 G ~~ ~ ~! l ~' try. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, :APPEAL OF OPERATOR'S LICENSE Appellee :SUSPENSION AND NOW this ~ day of ~,c,~! , 2006, upon consideration of the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the ~'`~•~ day of , a4~ 7 at ~ a.m. p.m. in Courtroom No. -~_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that ply ~ c. e~c~cr~~ T~ ~ v tl C ~ ~ -~ s 2 N L this honorable court resolves this a al. ~' o BY THE COURT: ~~ Di 'bution: ~A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 trick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 /a ~/lp~ ~t-~., I~ ~~~ r~~ ~~ F` ~~,~~° Q~ p'~ ~~~~~ ~~-0~~(;a ~ ~~ JASON T. MOORE, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA v. 2006-6685 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this ~ day of f'PL, , 2007, upon consideration of the Department's request to continue the matter because of the unavailability of Officer Ressler to testify on March 14, 2007, and with no objection by the Petitioener., the Matter is Continued and rescheduled for hearing on the /~ day of ~~ i~~c - ~~~ at ~ 3 ~.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT DISTRIBUTION: ~eorge H. Kabusk, Esquire, PennDOT, Riverfront Office Center-3rd Floor, Street, Harrisburg, PA 17104-2516 ~atrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 ~aa -° Y, 1 ~~bn~X~ Ai~J.Gtdi~~#1Q~ld ~Hl ~© r~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFlCE OF CHIEF COUNSEL VEHICLE & TRAFFlC LAW DmS1ON RIVERFRONT OFFICE CENTER, 3aD FLOOR 1101 SOUTH FRONT STREET • HARRISBURG, PA 171042518 TELEPHONE: (717) 787-2830 GOVERNOR'S OF;F'[CE of FACSIMILE: (717) 705-1122 GENERAL COUNSEL February 9, 2007 The Honorable J. Wesley Oler, Jr. The Court of Common Pleas of Cumberland County 1 Courthouse Squaze Carlisle, PA 17013 Re: Jason T. Moore v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Cumberland County, No. 06-6685, License Suspension Appeal Dear Judge Oler: The above-referenced matter is an appeal from a notice of suspension dated October 23, 2006, in which the Department notified the petitioner that his operating privilege was being suspended for 1 yeaz as a result of his violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on May 21, 2006. A hearing in the above-referenced matter is scheduled for Mazch 14, 2007. Officer Ressler is a necessary witness in this matter; however, he is unavailable to testify on March 14, 2007, due to previously scheduled leave. I am respectfully requesting that this matter be continued and rescheduled for another date due to the unavailability of Officer Ressler. I spoke to Attorney Lauer's secretary and she reported that Attorney Lauer does not object to this matter being continued and rescheduled for another date. I have attached a proposed Order for you convenience. Thank you for you attention to this matter. Sincerely, ~ <~~~. George H. busk, Assistant Counsel Patrick F. Lauer, Jr., Esquire, 2108 Mazket Street, Camp Hill, PA 17011 JASON T. MOORE, Appellant v COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee . IN THE COURT OF CO CUMBERLAND COUNTY, CIVIL ACTION - LAW 06-6685 CIVIL TERM PLEAS OF SYLVANIA . APPEAL OF OPERATOR'S ICENSE SUSPENSION IN RE: APPEAL OF OPERATOR'S LICENSE SUSPENSIO ORDER OF COURT AND NOW, this 18th day of May, 2007, up n consideration of Petitioner's Appeal of Operator' License, and following a hearing held on May 17, 2007, the appeal is sustained and the suspension noticed by Appellee, Pennsylvania Department of Transportation, by mai ing dated October 23, 2006, based upon a chemical test refu al, is vacated. By the Court, J. ~nlesley Ole trick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 For Appellant ~orge Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 For Appellee r.~, ~. :ma c ~o o~'\~ ce^ ,_ f.}.? ~ ~ L?_1 _~ . , ~_ - _.~ 1--- . „ r--- N JASON T. MOORS, IN THE COURT OF COMMO PLEAS OF Appellant CUMBERLAND COUNTY, PE NSYLVANIA v COMMONWEALTH OF . PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee CIVIL ACTION - LAW 06-6685 CIVIL TERM APPEAL OF OPERATOR'S LICENSE SUSPENSION IN RE: APPEAL OF OPERATOR'S LICENSE SUSPENSIO ORDER OF COURT AND NOW, this 17th day of May, 2007, upon consideration of Petitioner's Appeal of Operator' License Suspension, and following a hearing, the record i~ declared closed, and the matter is taken under advisement. By the Court, t_... Jf Wesley O1 r. J. trick F. Lauer, Jr., Esquire ~ , 2108 Market Street Camp Hill, PA 17011 For Appellant ~eorge Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 For Appellee ~-. o i .`~j :mae L. J Z .' r i ~ _ ' f.~ ' ~ ~'t - ~ ~_ j t....~ ^~ _. ~~ ~~ T~' i ~. a=.r ..._. \....~ ~` C,'.p "'' ~V \/