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Home My WebLink About06-6711 JUSTIN C. TRESSLER v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. i) &, - t. 7 J} ~ T~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING COMMERCIAL DRIVING PRMLEGES DISQUALIFICATION APPEAL AND NOW, this "at,.fI1daYOf-1JDVe..lV1 be..f ,2006, comes Justin C, Tressler, by his attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. Your Petnioner is an adult individual residing at 431 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 2, Your Petitioner received official notice of disqualification for life from his commercial driving privileges as outlined in the notice attached hereto and made a part hereof as Exhibit A. 3. Your Petitioner believes said commercial driving privileges disqualification for life is illegal, unjust and improper for reasons which include, but are not limited to, the following: (a) Your Petitioner had a driving under the influence charge on January 6, 2006 at 23:35 hours for which he entered the ARD program before the Honorable Kevin A. Hess on October 13, 2006 (a copy of said ARD order is attached hereto and made a part hereof as Exhibit B); (b) Your Petitioner refused chemical testing related to the incident and arrest on January 6, 2006 but said refusal for chemical testing occurred after midnight and occurred on January 7, 2006 (a copy of the refusal is attached hereto and made a part hereof as Exhibit C); (c) the lifetime disqualification is illegal, unjust and improper and in specific violation of ~ 1611 (c) which indicates that a combination of an ARD disposition and a refusal arising out of the same incident should not result in a lifetime disqualification since the lifetime disqualification only occurs if a refusal and an ARD disposition arise out of two or more separate and distinct incidents; and (d) Section 1611 of the Vehicle Code does not provide for a lifetime disqualification. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the disqualification outlined in Exhibit A. Dated: II '~O.Ch John B. ancke, Esq., ID No, 07212 Mancke, Wagner, Spreha & McQuillan 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. II /~O /a~ Date I ( ~ J9~r-r~ Justin eTressJer COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 OCTOBER 27, 2006 JUSTIN ( TRESSLER 431 PINE RD MT HOLLY SPGS PA 11065 WID. 062936974190320 002 PROCESSING DATE lO/20/2DOb DRIVER LICENSE' 23942795 DATE OF BIRTH 06/14/1'76 LICENSE IN BUREAU Dear Motorist: This is an Official Notice of Disqualification of Your com- mercial driving privilege as authorized by Section 1611C of the PennSYlvania Vehicle Code as a result of your pre- adjUdication, conviction, administrative adjudication, or refusal in Pennsylvania. Your driving record reflects one of the above adjudications on 10/13/2006 of A3802Al J of the Pennsylvania Statutes, ARD-DUI GEN IMPAIRMENT on 01/06/2006. Since this is your second adjUdication of an offense in Section 1611A of PennSYlvania Vehicle Code, your commercial driving privilege is DISQUALIFIED FOR LIFE effective 10/27/2006 at 12:01 A.M. The above mentioned ~anction 15 in addition to any pre- viouslY issued sanction(s). You have the right to appeal the Department's action to the Court of Com~on Pleas (Civil Division) within 30 days of the mail date (OCTOBER 27, 2D06) of this notice. You must still send in your license before the effective date of d\sQUall- fication unless YOU apPear in person before a Judge and re- ceive an order permitting YOU to continue to drive. PLEASE NOTf that this Civil Appeal is in addition to any appeal yOU have to file from the criminal conviction. ~ ~ ~ l~ EXHIBIT It I4J 002/005 / - - ,. -..... .... . ~ V J.' 4~'::t.. I.L I &. ':I \J I 00 I I4J 003/005 062936974190320 AFTER THE APPEAL HAS BEEN FILED :EN THE COUNTYCOUItT, A TIME-STAMPED CERTIFIED COpy OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION O~FICE OF CHIEF COUNSEL THIRD F~OOR, RIVERFRONT OF~ICE CENTER , HARRISBURG, PA. 17104 SincerelY, ~ lJ~w Janet l. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16lC/TO: Depart.ent of Tr~nsportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 . COMMONWEALTH OF PENNSYL.ANIA IN THE COURT Ot COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CP-21-CR-0775-2006 CHARGE: 1) DRIVING UNDER THE INFLUENCE 3802A1/REF./ACC. 2) CARELESS DRIVING JUSTIN CLINTON TRESSLER AFFIANT: PTL. KEITH ANTHONY AGENCY: MECHANICSBURG PD IN RE: ARD ENTRANCE AND LICENSE SUSPENSION ORDER OF COURT AND NOW, this 13th day of October, 2006, upon the motion of the District Attorney having no objection to dismissal and expungement, of the above charges including any which were nolle prossed to t~e captioned case, upon successful completion of the program, and the defendant having stated his desire to participate in the program; IT IS HEREBY ORDERED AND DIRECTED that the defendant is accepted into the ARD Program. The defendant having waived his Pa.R.Crim.P. 600 Rights during the period of enrollment in the program his waiver is accepted and further proceedings on the charges are postponed during the term of enrollment; IT IS FURTHER ORDERED AND DIRECTED that the defendant's Pennsylvania driver's license is hereby suspended for a period of 60 days effective this date. The Clerk of Courts is directed to submit the same to the Department of Transportation and/or notify the Department of Transportation of this suspension. Defendants possessing an out-of-state driver's license will have their Pennsylvania operating restrictions addressed by PennDOT via future written communications; ~ EXHIBIT ~ i 5 J COMMONWEALTF v, JUSTIN CLINTON TRESSLER, P:>-21-CR-0775-2006 FURTHER, the defendant having agreed to accept the following conditions, it is hereby ordered and directed that the defendant comply with the following stated conditions: 1. To pay the required ARD fee and costs, including preassessed supervision fees in a total amount of$210. 2. To attend the DUI school and counseling as recommended. 3. To submit to urine tests for drugs and alcohol, and to pay for same as requested by Probation Office. 4. To not drive any motor vehicle during the period of ARD license suspension. The defendant acknowledges that if he is convicted for Driving Under Suspension (DUI-Related) the Court will impose a mandatory penalty of 60-90 days in prison and a $500.00 fine. 5. To not violate any Federal, State or Local Laws during the period of enrollment in the ARD Program which will be a minimum of six months to a maximwn of twelve months. 6. To pay any restitution as set by the District Attorney's Office or the Probation Office. 7. To immediately notify the Probation Officer of any address change. The defendant acknowledges that in the event notice of any hearing is sent to the defendant's last known address and the defendant shall, thereafter fail to appear, he will be removed from the ARD Program and his case listed for formal arraignment and trial. IT IS FURTHER ORDERED AND DIRECTED that failure to comply with any of the above conditions may result in the defendant's revocation from the ARD Program, the amendment of the aforesaid suspension order, and full prosecution of the charges as provided by law. By the Court, John C. Dailey Senior Assistant District Attorney J. John Mancke, Esquire Attorney for Defendant EXPUNGEMENT DATA DaB: 6-14-76 SSN#: 204-58-2610 D,J. DISTRICT #: 09-3-05 D.J. DOCKET #: CR-027-06 01N#: L273177-2 DA TE OF OFFENSE: 1-6-06 Nicole Galbraith, ARD Coordinator Clerk of Courts COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 20, 2006 JUSTIN C TRESSLER 102 DAGWOOD DRIVE MT HOLLY SPGS PA 17065 WID t 060136137363407 002 PROCESSING DATE 01/13/2006 DRIVER LICENSE t 23942795 DATE OF BIRTH 06/14/1976 Dear MR. TRESSLER: This is an Official Notice of 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 01/07/2006: · Your driving privilege is SUSPENDED fo~ a pe~iod of 1 YEAReS) effective 02/24/2006 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsyivania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 02/24/2006. You may surrender these items before, 02/24/2006, 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 iden- tification (e.g., birth certificate. valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive c~edit towa~d se~vin9 any suspension until we !"eceive you!" licensees). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driv~r's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nota- rized 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: Pennsylvania Department of Transportation ~ !!I ! cl EXHIBIT , . 060136137363407 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance ~f your Pennsylvania driver's licenseCs), learner's p~rmitCs), andlor a sworn notarized letter, PennDOT wi'll send yOU a receipt con- 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 numbers are listed at the end of this letter. 3. If yOU do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police far prosecution under SECTION 157ICa) (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 fallowing steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number Clisted 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, JANUARY 20, 2006, of this letter. If YOU file an ap- peal in the County CoU~t, the Cou~t will give you a time- stamped ce~ti'fied copy o'f 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, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current PennsYlvania driver license products to PennDOT by 02/24/2006. .' . 060136137363407 Sincerely, .b,.e~ 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 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.pa.us ~ 0 """.....;t ( ..~ ':~~ :~ .=.--; , ~ ~ -- r::.:.J.... 'Tl ~ -.,:"'.... ( .) (A ~ .r~ ~, ~ ~ ~) ~ - ......... ~ ~ -;:~ ~ '\ ~ ""'Y" lA ~ ~ .<-'.- ~ ~ - \ ~ . ..~! .. ,~: 0'1 ~ --.: ~ ~ ~ NOV 27 2006 ff~ 1 JUSTIN C. TRESSLER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : NO. a - {p 7/1 . ~ ORDER ANDNOW,this a;--rJdaYOf ~ ,2006,uponconsiderationofthewithinPetition, it is hereby ordered and decreed that a hearing be held on the /if'A day of ~~ ' 2002-, atc2i 30 o'clock in Courtroom 1-, Cumber1and County Courthouse, Car1isle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department ofT ransportation by Petitioner's attorney at least sixty days prior to the date of the hearing. By the Court, Distribution: proJb9nOtary's Office ~~ B. Mancke, Esq., 2233 N. Front Street, Harrisburg, PA 17110 /A Dept. of Transportation, Office of Chief Counsel, 1101 S. Front Street, Harrisburg, PA 17104 ~ dl.i ~ Vl1WAllSNN3d I I ),.tnr-n nll,J"'._j-'~;^If'V'\ ^-U", f\)....'. ',:-':Jt'~llv tt2 :9 WV It MJi 900l -,; . \73(\ AtI'v'lONOH108d 3HI dO 30L:J~O-{j311:l .' ,,- . ". /" , JUSTIN C, TRESSLER Petitioner v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 06-6711 CIVIL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent MOTION FOR CONTINUANCE AND NOW, this 17th of January, 2007, comes Justin C, Tressler, through his attorneys, Mancke, . Wagner, Spreha & McQuillan, who respectfully represent: 1. Your Petitioner is an adult individual residing at 431 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania and is a licensed motor vehicle operator. 2. Petitioner filed a commercial driving privileges disqualification appeal on November 21, 2006 in response to a Notice of Disqualification of commercial driving privileges from Penn Dot dated October 27, 2006, 3. A disqualification appeal hearing was scheduled for February 14, 2007 at 2:30 pm in Courtroom 4 of the Cumberland County Courthouse. 4, Petitioner's attorney, John B. Mancke, Esq., will be out of the country on the date of the hearing. 5, This is the first time a continuance of the hearing has been requested, 6, Petitioner's attorney, John B, Mancke, Esq., contacted George Kabusk, Esq., attorney with the Department of Transportation, who has indicated he has no objection to the granting of the Motion for Continuance, . , '. WHEREFORE, Your Petitioner prays Your Honorable Court to grant a continuance of the hearing scheduled for February 14, 2007 at 2:30 pm in Courtroom No.4, John B. anc , sq" 10 No, 07212 Mancke, agner, Spreha & McQuillan 2233 N, nt Street, Harrisburg, PA 17110 717-234- 051, Attorney for Petitioner Dated:' 1-/7 -07 2 o ~ -:~~. """" C'"...:) c:? .....l (- ~: .....- - .......1 ~ ~-n me -nrD ~5Y C? s,) :;.~. ~i ':~i~ 91 'yo: ~ :s ~,.. r' . . o co ~ o .... , JAN 1 8 2007 /J1V v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6711 CIVIL JUSTIN C. TRESSLER Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent ORDER AND NOW, this ..30 -tAdayof ;t/11b~ ,2007. upon agreementofatlorneylorPetilioner and the attorney for Respondent, the hearing in the above-captioned matter is CONTINUED and RESCHEDULEDIor ~.3 .2007.81 tf; 30 am/jlIR inCourtroomNo.L, Cumber1and County Court, Car1isle, Pennsylvania. BY THE COUf(f~ j Distribution: Prothonotary's Office Court Administrator's Office George Kabusk, Esq., PA Dept. of Transportation, Office of Chief Counsel, 1101 S. Front Street, Third Floor, Harrisburg, PA 17104 ) Lt:.hJ~ ~ / ~ 3 b .0 ") John B. Mancke, Esq., 2233 N, Front Street, Harrisburg, PA 17110 . - (J- \....~ .~ - B \ :t ~k\ os IWf LOUl JUSTIN C. TRESSLER, Appellant vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6711 CIVIL COM, OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF LICENSING AND NOW, this CDL SUSPENSION APPEAL ORDER ?~ day of February, 2007, hearing in the above-captioned matter set for May 3, 2007, is continued to Monday, May 7, 2007, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. ~hn Mancke, Esquire For the Appellant ~eorge Kabusk, Esquire For PennDOT ~ :rlm BY THE COURT, >",('JJ 9i :[; l:d L - 8J:l LGOl JUSTIN C. TRESSLER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-6711 Civil COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above-captioned Commercial Driving Privileges Disqualification Appeal. \ Res~ John B. nck sq., 10 No. 07212 Mancke, agner, Spreha & McQuillan 2233 N, nt Street, Harrisburg, PA 17110 717-234-7 51, Attorney for Petitioner Dated: March 6, 2007 (') ~ ~ = --' :x :-P" :;;::0 N o -n -\ ::J:-n r'l1p -Of"j1 ""19 .~:} ~;- ~ (,~f~ ~ ')> ~ 2': ...;.7:.;;0' 9? U1 o