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Home My WebLink About07-0086 JONMICHAEL C. DRUCKENMILLER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. (!lu.L ~~ : NO.: 0'7 - fh COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL APPRAT. FROM SnSPRNSTON OF OPRRATOR'S PRTVTT,F,GF. AND NOW, comes the Appellant, JonMichael C. Druckenmiller, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully avers the following: 1. Appellant resides at 222 Limekiln Road, New Cumberland, York, County, Pennsylvania 17070. 2. The Appellant received a Notice dated December 11, 2006, that as a result of his alleged violation of Vehicle Code Section 1547, Chemical Test Refusal, his driving privilege were being suspended for a period of (1) one year, effective suspension date January 15,2007, at 12:01 a.m. A true and correct copy ofthe 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. See Exhibit "B." 6. The Appellant actually provided a valid breath sample on (2) two occasions with a result of .092%. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, atrick F. Lauer, Jr., squire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: /~~c/ 7 -~ JONMICHAEL C. DRUCKENMILLER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: D1" <{t, COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee A TTORNRV VRRTFTCA TTON The undersigned, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: 1. He is the attorney for the Appellant, JonMichael C. Druckenmiller; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and belief; 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Patrick F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: JONMICHAEL C. DRUCKENMILLER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee CRRTTFTC.A TR OF SRRVTCF, I hereby certifY that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Camp Hill, Pennsylvania, through first class, certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PAl 71 04 Respectfully submitted, a 'ck F. er, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#46430 Tel. (717) 763-1800 Date: " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 11, 2006 JONMICHAEL C DRUCKENMILLER 222 LIMEKILN RD NEW CUMBERLND PA 17070 WID. 063386117015808 001 PROCESSING DATE 12/04/2006 DRIVER LICENSE. 25062995 DATE OF BIRTH 03/29/1979 Dear MR. DRUCKENMILLER: This is an O~~icial Notice o~ 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 11/15/2006: · Your driving privilege is SUSPENDED ~or a period o~ 1 YEAR(S) e~~ective 01/15/2007 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 01/15/2007. You may surrender these items before, 01/15/2007, 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 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 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 063386117015808 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 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. 3. If yOU do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. PAVING THE RESTORATION FEE Vou 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 Vou have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 11, 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 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. Vou must return all current Pennsylvania driver license products to PennDOT by 01/15/2007. 063386117015808 Sincerely, b,.e~ Janet L. Dolan, 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 ,.. r: II~lB. co. PR 1 ~;m'l Et-l 2 INTm,aLlZER - ALCOHOL At'.!AL'tZER MODEL 5000EH St.~ 58--0 Li204 11/15/20(i6 * . . () I AGt'iOSTI C OK TEST , AIF.: BLANK , E. S. CHEel'=. A I R BLAt4j(; . SUBJECT TE:::T AIR BlAHK SUBJECT TEST A I R BLAt.U< E. S. CHEO'=, AI R 8LAHK t'KI RF I PRESENT }';BAC . 0(10 .09'3 ~ .e00 . 0'32 .000 .0'32 .000 .0'37 .000 T HiE 02:28 0;~: 2~3 02:28 02:28 02:29 .02: 29 02:29 02: :30 02:30 J8N""/cn~1 . Drvt:..~Nfl1;I/~r SUBJECrS NAME O~Oi/.. TIME FIRST OBSERVED Pri-s (II.) INSTRUMENT LOCATION GsilJ OPERATOR ADDITIONAL INFORMATION AND/OR REMARKS 'I . . -;0 t -- ~ ~ ~ iq. 7t I" tl Y{ :t' ~ U) -u (> ~ J (") r--..;) SJ~ ~ (fl _;:,._ ::z: i!...... (i:, r;~: m r= e::.< 0" 1- ~ fIl ,', aX ~;: c~ -0 :::t 0 > Cj. ::c Fi j~ c- .;;;: (') 2~ w 0'-n1 ~ .. =-l ~ ~ ~ , JONMICHAEL C. DRUCKENMILLER, Appellant v. JAM 08 lOOt{" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA c. , ui.L ~"'" : NO.: CY1 - ?t.. COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORT AnON, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL ORDFR OF COITRT AND NOW, this --.!!..lL day of J" ?J] . 2007, upon consideration of this APPEAL FROM SUSPENSION OF OPERA TOR'S PRIVILEGE, it is hereby Ordered that a Hearing on the matter shall be held on .5" ~ day of ~ 2007, at 10 : ~/5 o'clock Cl.-. m. in Courtroom No. I of the Cumberland County Courthouse. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal) ~ v f AJ) l ~ t.. ~ C CJC..t c... f ft, ) f s y ~ <uf1o~cJ..,~ l~ "0) v ;.H~,J 1..0-, I ~ ~ . BY THE COURT: J. Ifstribution: .; /PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 ;Patrick F. Lauer, Jr., Esquire, 2108 Market St., Camp Hill, PA 17011 ~ )1~di I/r/r}~ ViNW\lASNN3d i I"n'"'{~..' ...... '..."--'.".'g-.f.^, n'" I\.l..l'l ;u. : "./cl";. ~1_ V Btl :Z lid 6- NVr LOOZ AW10NOH10Cid 3l-U ;!O 381::HO-031H JOHNMICHAEL C. DRUCKENMILLER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT NO. 07-86 LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~ day of A f~ ; { , 2007, upon consideration of the Department's Motion to Update and Correct the Record, this Court grants the Department's Motion to Update and Correct the Record. Accordingly, the Department is directed to Rescind the suspension that is the subject of this appeal. BY THE COURT J. D~TRIBUTION: oRkorge H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd / Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 v-Patrick F. Lauer, Jr, Esquire, 2108 Market Street, Camp Hill, PA 17011 -\~~ L 8 =01 tJ~V S - ~Jd\f LOOZ