HomeMy WebLinkAbout02-3101RANDALL CARL VATHIS,
Petitioner
COMMONWEALTH OF PA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. / o I ; ,' I
: DRIVERS LICENSE APPEAL
DEPARTMENT OF TRANSPORTATION,:
Respondent :
MOTION FOR I-IEARING
AND NOW, this a~c/~ day of June 2002, the Petitioner, Randal Carl Vathis, by and
through his attorney, Austin F. Grogan, Esq., avers the following:
1. The Petitioner was served with a Notice of License Suspension dated May 30,
2002 arising out of an alleged refusal to chemical test on March 9, 2002 (copy of notice
attached);
2. The Petitioner disputes the suspension and requests a Hearing.
WHEREFORE, the Petitioner requests this Honorable Court to schedule a Hearing and
dismiss the Notice of License Suspension.
Date
Respectfully submitted,
Camp Hill, PA 17011
(717) 737-1956
Attorney for Petitioner
I.D. #59020
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau cf Driver Licensing
Mail Date: MAY 30, 2002
RANDALL CARL VATHIS
1413 SILVERCREEK DR
MECHANICSBURG PA 17055
WID ~ 021436111850568 001
PROCESSING DATE 05/23/2002
DRIVER LICENSE ~ 15389992
DATE OF BIRTH 02/29/1952
Dear MR. VATHIS:
This is an Official Notice of the suspension of your Driving
Privilege as authorized by Section 15q7 of the Pennsylvania
Vehicle Code. As a result of your violation of Section 15q7
of the Vehicle Code, CHEMICAL TEST REFUSAL, on 03/0972002:
Your driving privilege is SUSPENDED fop a period of 1
YEAR(S) effective 07/0~/2002 at 12:01 a.m.
WARNING: If you are convicted of driving while your
license is suspended/revoked the penalties will be a
MININUN of 90 days imprisonment AND a $1,000 fine AND
your driving privilege will be suspended/revoked for
a MINIMUM 1 year period
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 OT/Oq/2002. You may
surrender these items before, 07/0q/2002, 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 $9.00. 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 wlll not .receive cnedit toward serving any suspension
until we receive your license(s). .Complete the following
steps to acknowledge this. suspension.
021436111850568
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 Four 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 5 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.
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.
Follow .the payment and mailing instructions on the back
of the application.
021~3&111850568
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (CiviI Division) within 30 days of the maii
date,. MAY 30, 2002, 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 1710q-2516
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by
Sincerely,
Rebecca t. Bickley, Director
Bureau of Driver Licensing
INFORMATION 7:00 a.m. to 9:00 p.m.
IN STATE t-800-932-q600 TDD IN STATE
OUT-OF-STATE 717-391-61g0 TDD OUT-OF-STATE
WEB SITE ADDRESS wwwodot.state.pa.us
1-800-228-0676
717-3gl-61gl