The URL can be used to link to this page

Home My WebLink About02-2937ROSS EDWIN GAHAGAN, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. oa COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension-Chemical Test BUREAU OF DRIVER LICENSING, : Re~tsal Appellee : ~PPl~.AI. C}1¢ I ,ICN~N~E ~I lgPi~,N,gIf]Nl AND NOW comes the Appellant, Ross Edwin Gabagan, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., and respectfully avers the following: 1. Appellant resides at 602 Lavina Drive, Mechanicsbur~ Cumberland County, Pennsylvania 17055. 2. The Appellant received a notice dated May 22, 2002 that, as a result of his alleged violation of Pennsylvania Vehicle Code Section 1547, Chemical Test Refusal, his driving privilege was being suspended for a period of one year, effective suspension date June 26, 2002, 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 Corot to schedule an evidentia~ heating on the matter. Date: ~/~/~r)--- Respectfully submitted, 2108 Market Street, Aztec Building Camp I-tall, Pennsylvania 170114706 ID#46430 Tel. (717) 763-1800 ROSS EDWIN GAHAGAN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBE1LLAND COUNTY, PENNSYLVANIA : : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension - Chemical Test BUREAU OF DRIVER LICENSING, : Refusal Appellee : ATTf~N~V I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Ross Edwin Gahaga~ hereby verifies and states that: 2. 3. 4. I am the attorney for Appellant, Ross Edwin Gahagan; I am authorized to make this verification on my client's behalt~ The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; The facts set forth in the foregoin~ Appeal are tree and correct to the best of my knowledge, information and belief} and I am aware that false statements herein are made subject to the penalties of 18 Pm C.S. 4904, relating to unswom falsification to authorities. Date' Respectfully submitted,. /~ 2108 Market Street, Aztec Building Camp ITfll, Pennsylvania 17011-4706 ID#46430 Tel. (717) 763-1800 ROSS EDWIN GAHAGAN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension - Chemical Test BUREAU OF DRIVER LICENSING, : Refusal I hereby certify that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mai!, Camp Hill, Pennsylvania, through first class mail, cenifiect, return receipt requested, postage paid and addressed as follows: Pe~_nsylvania Departmem of Transportation Orifice of Chief Counsel Third Floor, Riverbont Ofl~ce Center Harrisburg, PA 17104 Date:' 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#46430 Tel. (717) 763-1800 Exhibit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUreau of Driver Licensing Mail Date: MAY 22, 2002 ROSS EDWIN GAHAGAN 602 LAVINA DRIVE MECHANICSBURG PA 17055 WID ~ 021356105645391 001 PROCESSING DATE 05/15/2002 DRIVER LICENSE # 23041169 DATE OF BIRTH 10/11/1958 Dear MR. GAHAGAN: This is an Official Notice of the Susmenslon of your Driving PriviIege as authorized by Section 15q7 of the Pennsylvania Vehicle Code. As a resuit of your vioiation of Section I5q7 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 0q/06/2002: · Your driving priviiege is SUSPENDED fop a period of 1 YEAR(S) e~fectlve 06/26/2002 at 12:01 a.m. WARNING: If You are convicted of driving while Your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a $1,000 fine AND your driving privilege will be suspended/revoked for a MINIMUM 1 Year Period ~OMPLYING 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 06/26/2002. You may SUrrender these items before, 06/26/2002, for earlier credit; however, You may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a Photo identification card at any Driver License Center for a cost of I9.00. You must present two (2) forms of proper /den- tification (e.g., birth certificate, valid U.S. PaSsport, marriage certificate, etc.) in order to obtain Your Photo identification card. You wlll not Pecelve cpedlt towaPd sePvlng until we receive Your Zlcense(s). Complete steps to acknowledge this suspension. any suspension the fallowing 021356105645391 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 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 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 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. Zf you do not return all Current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTZON 1571(a)(4) of the Pennsylvania Vehicle Code· ~AY[NG THE RESTORATION FEr 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: l. 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 credit, ensure Proper Follow the Payment and mailing instructions on the back of the application. 02155610~&~5591 APPEAL You hove the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail date, HAY 22, 2002, of this letter. Zf you flle an appeal tn the County Court, the Court w111 give You a time-stamped certified copy of the appeal. In order for your aPPeal to be valid, you must send this t/me-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 1710q-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license Products to PennDOT by 06/26/2002° Sincerely, Rebecca L. Bickley, Director BUreau of Driver Licensing I_NFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-q600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 ROSS EDWIN GAHAGAN, Appellant Vo COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Appellee : · IN THE COURT OF COMMON pi.FAS OF · CUMBERLAND COUNTY, PENNSYLVANIA Appeal of Operators License Suspension ~ Chemical Test AND NOW this z~q -~//t~-t~'day of ~(~-4,4-/gJ~~ 2002, upon consideration of the within APPEAL OF OPERATORS LICENSE~USPI_~NSION, it is hereby ordered that a hearing shall be held regarding this matter at on the 6 day of~~~-~ 2002 at · q~..bO Op.m. in Courtroom No' ~.~ ofthe Cumberland C/ounty Courthouse, Carlisle, Pennsylvania. A supersede, as is granted pursuant to Vehicle Code Section 1550(!>)(1) until such time that this honorable court resolves this appeal. BY THE COURT: Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp I-fill, Pa 17011 %- ROSS EDWIN GAHAGAN V COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2937 CIVIL TERM : : APPEAL FROM LICENSE SUSPENSION IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, September 25, 2002, the matter having been called for a hearing, defendant's counsel indicates that he will be withdrawing this appeal and, by agreement of defense counsel and counsel for PennDOT, the period of suspension of one year of the defendant's operating privileges will commence on January 31, 2003. By the Court, George Kabusk, Esquire Assistant Counsel PennDOT Patrick F. Lauer, Jr., Esquire For Ross Edwin Gahagan :mtf