HomeMy WebLinkAbout95-01606
the Vehicle Code, entitled Driving While Suspended, on February
16, 1995 as alleged by the Pennsylvania Department of
Transportation.
5. Although Petitioner was found guilty of violation of
Section 1543 by District Justice Robert V. Manlove on February
17, 1995, an Appeal of said conviction was filed in the
Cumberland County Court of Common Pleas on March 15, 1995. A
trial de ~ is pending.
6. Petitioner respectfully reserves the right to file
additional and supplemental reasons in support of the instant
Petition should additional facts or defenses be later discovered
by counsel.
7. Petitioner respectfully requests that a hearing in the
above-captioned matter be scheduled after determination of the
Appeal referred to in Paragraph 5 above.
WHEREFORE, pursuant to 75 P.S. 51550, Petitioner prays that
this matter be set for a hearing de ~ before Your Honorable
Court and that the Order of the Department of Transportation be
set aside.
Respectfully submitted,
Ri&IJ:.1fi? L.
2201 Horth Second Stre.t
Harrisburg, PA 17110
(717) 233-4160
Supreme ct. IDt 35539
Attorney for Petitioner
, ..
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
MARCH 13, 1995
"
BRIAN T DIXON
b314 STEPHENS CROSSING
MECHANICS BURG PA
17055
95ob59263150394 001
o3/ob/1995
24411147
10/10/1977
'.
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Dear Motorist:
Your conviction on 02/17/1995 for violating Section 3714
of the Vehicle Code, CARELESS DRIVING, on 02/16/1995 mandates
a 3 point assessment to your driving record. Your record now
shows a total of 8 points.
Your total point accumulation is 8 points.
You will be notifed at a future date regarding your De-
partmental Hearing as a result of this point assessment.
Please drive carefully as this Bureau is dedicated to
maintaining safety on the highways of this Commonwealth.
Sincerely,
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Douglas,K. Tobin, Dirftctor
Bureau of Driver Licensing
INFORMATION (7:00
Pittsburgh Area
Pbiladelphia Area
Harrisburg Area
Toll Free
AM to 6:30 PM)
412-565-5670
215-698-8100
717-787-3130
1- 800-932-4600
VERIFICATION
Upon my personal knowledge, information and belief, I hereby
verify that the facts averred in the foregoing Petition are true
and correct to the best of my knowledge, information and belief.
I understand that any false statements are made subject to the
penalties of 18 P.S. 54904, relating to unsworn falsification to
authorities.
Dated: :J&f/~
~~~
Brian T. Dixon '"
CERTIFICATE OF SERVICE
I hereby certify that on this date I served a true and
correct copy of the foregoing Petition upon the Commonwealth of
Pennsylvania, Department of Transportation, by placing same in
the United states Mail, postage prepaid, marked CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, at Harrisburg, Pennsylvania, addressed
as follows:
Department of Transportation
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
Dated:
::S\";t ,,\ C\ s,
Richard F. Maffett, Jr., Esq.
2201 Horth Second Street
Harrisburg, PA 17110
(717) 233-4160
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RICHARD F. MAFFElT, JR.
Attorney at Law
2201 North Second Street
Harnshurq, Pl1nn<;ylvan1a 17110
(n 712334160
M;.~: 3 I 1995
COMMONWEALTH OF PEHHSYLVANIA
I IN THE COURT OF COMMON PLEAS
I BAUI'HIlf COUH'lY, PEHHSYLVANIA
I C.1J"'b~rIQn.<-
I NO. 95-1606 CIVIL TERM
I CIVIL ACTION - LAW
I APPEAL FROM SUSPENSION OF
I MOTOR VEHICLE LICENSE
v
BRIAN T. DIXON
ORDER
AND NOW, this
day of
, 1995, after due
consideration of the foregoing Motion for continuance, IT IS
HEREBY ORDERED AND DECREED that a continuance is granted and a
hearing do novo is rescheduled for the
day of
,
1995 at
.m., before the Honorable
in Courtroom Number
Floor, Cumberland County Court
,
House.
BY THE COURT:
J.
.....ioii.:..
3. Petitioner has been notified by the Department of
Transportation that his said driver's license was being suspended
for a period of one (1) year as a result of Driving While
Suspended/Revoked, in violation of 75 Pa, C.S. 51543.
4. On March 29, 1995, Petitioner timely filed an Appeal
from suspension of Operator's License in the Cumberland County
Court of Common Pleas alleging that the aforesaid suspension was
improper and illegal in that Petitioner did not violate Section
1543 of the Vehicle Code, entitled Driving While Suspended, as
alleged.
5. A hearing on Petitioner's Appeal from Suspension of
Operator's License has been scheduled before Your Honorable Court
for June 1, 1995, before the trial of Petitioner's summary
offense charges.
6. If said Appeal from Suspension of Motor Vehicle License
hearing is held before Petitioner's summary offense trial, the
Petitioner will be prejudiced since:
a) any testimony given at the Suspension hearing by
Petitioner could be used at the summary offense trial to
Petitioner's prejudice and detriment~ and
b) if the Petitioner does not testify at the Suspension
hearing to avoid potential prejudice concerning the summary
2
offense charges, Petitioner will be unable to present an
effective defense, to Petitioner's prejudice and detriment.
7. Continuance of the Appeal from Suspension of Motor
Vehicle License hearing until after Petitioner's summary offense
trial is in the interest of judicial economy since the issues
raised in the Suspension Appeal may be resolved in the course of
the summary offense trial, making an additional hearing
unnecessary.
8. The attorney for the Pennsylvania Department of
Transportation, Matthew Heckler, Esquire, has indicated his
consent to a continuance.
WHEREFORE, the Petitioner prays Your Honorable Court to
grant him a continuance of the hearing in the above-captioned
case until the first available date after trial of the related
summary offense charges.
tfully submitted,
t
Maffett, r.,
2201 North Second Street
Harrisburg, Pennsylvania 17110
(717) 233-4160
Supreme Court ID' 35539
Attorney for Petitioner
3
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of
the foregoing Motion for Continuance upon the Commonwealth of
Pennsylvania, Department of Transportation, by placing same in
the united States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Matthew Heckler, Esquire
Office of Chief Counsel
Department of Transportation
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
Dated:
s/;I/qr
R~ 2l!:11! t.
2201 North Second Street
Harrisburg, PA 17110
(717) 233-4160
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RICHARD F. MAFFETT, JR.
Attorney et Law
2201 North Second Stree'
Harrisburg, Pennsylvania 17110
17171233,4160
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COMMONWEALTH OF PENNSYLVANIA
I IN THE COURT OF COMMON PLEAS
: )UI.UPH1N COUNTY, PENNSYLVANIA
I ",u~btt-/llM.
I NO. 95-1606 CIVIL TERM
I CIVIL ACTION - LAM
I APPEAL FROM SUSPENSION OF
I MOTOR VEHICLE LICENSE
v
BRIAN T. DIXON
ORDER
AND NOH, this
day of
, 1995, after due
consideration of the foregoing Motion for Continuance, IT IS
HEREBY ORDERED AND DECREED that a Continuance is granted and a
hearing do novo is rescheduled for the
day of
,
1995 at
.m., before the Honorable
in Courtroom Number
Floor, Cumberland County Court
,
House.
BY THE COURT:
J.
COMMONWEALTH OF PENNSYLVANIA
I IN THE COURT OF COMMON PLEAS
I DAUPHIN COUNTY, PENNSYLVANIA
I
I NO. 95-1606 CIVIL TERM
I CIVIL ACTION - LAW
I APPEAL FROM SUSPENSION OF
I MOTOR VEHICLE LICENSE
v
BRIAN T. DIXON
MOTION FOR CONTINUANCE
TO THE HONORABLE, GEORGE C. HOFFER, JUDGB OF SAID COURTI
AND NOH, this 31st day of May, 1995, comes BRIAN T. DIXON,
Petitioner above-named, by his attorney, Richard F. Maffett, Jr.,
Esquire, and files this Motion for Continuance and, in support
thereof, avers that:
1. On or about February 16, 1995, the Petitioner, BRIAN T.
DIXON, was issued Citations for Driving While Operating Privilege
Is Suspended in violation of 75 Pa, C.S.A. SI543(a) and Careless
Driving, in violation of 75 Pa, C.S.A. S3714.
2. Although Petitioner was found guilty of said citations
by District Justice Robert V. Manlove on February l7, 1995, an
Appeal of said convictions was filed in the Cumberland County
Court of Common Pleas on March 15, 1995, and docketed at 95-0488
Criminal Term. A trial de ~ has been scheduled for June 6,
1995.
3. Petitioner has been notified by the Department of
Transportation that his said driver's license was being suspended
for a period of one (1) year as a result of Driving While
Suspended/Revoked, in violation of 75 Pa, C.S. Sl543.
4. On March 29, 1995, Petitioner timely filed an Appeal
from Suspension of Operator's License in the Cumberland County
Court of Common Pleas alleging that the aforesaid suspension was
improper and illegal in that Petitioner did not violate Section
1543 of the Vehicle Code, entitled Driving While Suspended, as
alleged.
5. A hearing on Petitioner's Appeal from Suspension of
Operator's License has been scheduled before Your Honorable Court
for June 1, 1995, before the trial of Petitioner's summary
offense charges.
6. If said Appeal from Suspension of Motor Vehicle License
hearing is held before Petitioner's summary offense trial, the
Petitioner will be prejudiced since:
a) any testimony given at the Suspension hearing by
Petitioner could be used at the summary offense trial to
Petitioner's prejudice and detriment; and
b) if the Petitioner does not testify at the Suspension
hearing to avoid potential prejudice concerning the summary
2
offense charges, Petitioner will be unable to present an
effective defense, to Petitioner's prejudice and detriment.
7. Continuance of the Appeal from Suspension of Motor
Vehicle License hearing until after Petitioner's summary offense
trial is in the interest of judicial economy since the issues
raised in the Suspension Appeal may be resolved in the course of
the summary offense trial, making an additional hearing
unnecessary.
8. The attorney for the Pennsylvania Department of
Transportation, Matthew Heckler, Esquire, has indicated his
consent to a continuance.
WHBREFORE, the Petitioner prays Your Honorable Court to
grant him a continuance of the hearing in the above-captioned
case until the first available date after trial of the related
summary offense charges.
tfully submitted,
,t
Maffett, r.,
2201 North Second Street
Harrisburg, Pennsylvania 17110
(717) 233-4160
Supreme Court IO' 35539
Attorney for Petitioner
3
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of
the foregoing Motion for Continuance upon the Commonwealth of
Pennsylvania, Department of Transportation, by placing same in
the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Matthew Heckler, Esquire
Office of Chief Counsel
Department of Transportation
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
Dated:
slf/ /qS-
l~ fl
Richard F. Maffett, r.,
2201 North Second Street
Harrisburg, PA 17110
(717) 233-4160
3. Petitioner has been notified by the Department of
Transportation that his said driver's license was being suspended
for a period of one (1) year as a result of Driving While
Suspended/Revoked, in violation of 75 Pa, C.S. 51543.
4. On March 29, 1995, Petitioner timely filed an Appeal
from Suspension of Operator's License in the Cumberland County
Court of Common Pleas alleging that the aforesaid suspension was
improper and illegal in that Petitioner did not violate section
1543 of the Vehicle Code, entitled Driving While Suspended, as
alleged.
5. A hearing on Petitioner's Appeal from Suspension of
Operator's License has been scheduled before Your Honorable Court
for June 1, 1995, before the trial of Petitioner's summary
offense charges.
6. If said Appeal from Suspension of Motor Vehicle License
hearing is held before Petitioner's summary offense trial, the
Petitioner will be prejudiced since:
a) any testimony given at the Suspension hearing by
Petitioner could be used at the summary offense trial to
Petitioner's prejudice and detriment; and
b) if the Petitioner does not testify at the Suspension
hearing to avoid potential prejudice concerning the summary
2
offense charges, Petitioner will be unable to present an
effective defense, to Petitioner's prejudice and detriment.
7. Continuance of the Appeal from Suspension of Motor
Vehicle License hearing until after Petitioner's summary offense
trial is in the interest of judicial economy since the issues
raised in the Suspension Appeal may be resolved in the course of
the summary offense trial, making an additional hearing
unnecessary.
8. The attorney for the Pennsylvania Department of
Transportation, Matthew Heckler, Esquire, has indicated his
consent to a continuance.
WHEREFORE, the Petitioner prays Your Honorable Court to
grant him a continuance of the hearing in the above-captioned
case until the first available date after trial of the related
summary offense charges.
.t
Maffett, r.,
2201 North Second Street
Harrisburg, Pennsylvania 17110
(717) 233-4160
Supreme Court ID' 35539
Attorney for Petitioner
tfully submitted,
3
-.;,;,;...;.-
v
I IN THB COURT OF COMMON PLEAS
I D~PHIII COUNTY, PBHHSYLVAHIA
11!~#1l t~llIM..
I NO. 95-1606 CIVIL TBRM
I CIVIL ACTION - LAW
I APPEAL FROM SUSPBNSION OF
I MOTOR VEHICLE LICBNSB
COMMONWEALTH OF PBHHSYLVANIA
BRIAN T. DIXON
ORDBR
AND NOlf, this
day of
, 1995, after due
consideration of the foregoing Motion for Continuance, IT IS
HBREBY ORDBRED AND DBCREBD that a Continuance is granted and a
hearing do novo is rescheduled for the
day of
,
1995 at
.m., before the Honorable
in Courtroom Number
,
Floor, Cumberland County Court
House.
BY THB COURTI
J.
3. Petitioner has been notified by the Department of
Transportation that his said driver'S license was being suspended
for a period of one (1) year as a result of Driving While
Suspended/Revoked, in violation of 75 Pa. C.S. 51543.
4. On March 29, 1995, Petitioner timely filed an Appeal
from Suspension of Operator's License in the Cumberland County
Court of Common Pleas alleging that the aforesaid suspension was
improper and illegal in that Petitioner did not violate Section
1543 of the Vehicle Code, entitled Driving While Suspended, as
alleged.
5. A hearing on Petitioner's Appeal from Suspension of
Operator's License has been scheduled before Your Honorable Court
for June 1, 1995, before the trial of Petitioner's summary
offense charges.
6. If said Appeal from Suspension of Motor Vehicle License
hearing is held before Petitioner's summary offense trial, the
Petitioner will be prejudiced since:
a) any testimony given at the Suspension hearing by
Petitioner could be used at the summary offense trial to
Petitioner's prejudice and detriment~ and
b) if the Petitioner does not testify at the Suspension
hearing to avoid potential prejudice concerning the summary
2
offense charges, Petitioner will be unable to present an
effective defense, to Petitioner's prejudice and detriment.
7. Continuance of the Appeal from Suspension of Motor
Vehicle License hearing until after Petitioner's summary offense
trial is in the interest of judicial economy since the issues
raised in the Suspension Appeal may be resolved in the course of
the summary offense trial, making an additional hearing
unnecessary.
8. The attorney for the Pennsylvania Department of
Transportation, Matthew Heckler, Esquire, has indicated his
consent to a continuance.
WHBREFORE, the Petitioner prays Your Honorable Court to
grant him a continuance of the hearing in the above-captioned
case until the first available date after trial of the related
summary offense charges.
tfully submitted,
.t
Maffett, r.,
220l North Second Street
Harrisburg, Pennsylvania l7ll0
(717) 233-4160
Supreme Court ID' 35539
Attorney for Petitioner
3
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of
the foregoing Motion for Continuance upon the Commonwealth of
Pennsylvania, Department of Transportation, by placing same in
the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Matthew Heckler, Esquire
Office of Chief Counsel
Department of Transportation
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
Dated:
S/ft /qr
J~ /Il
Richard F. Maffett, r.,
220l North Second Street
Harrisburg, PA 17110
(717) 233-4160
.
.
RICHARD F. MAFFETT, JR.
Attorney at Law
2201 NOl1h Second 51rool
Hamsburg. Pennsylvenia 17110
tw.J,1IIt,p,1IIJOo
iI
Ricbard F. Maffett, Jr., Bsquire
2201 Harth Second Street
Harrisburg, PA 17110
_,__.,<_,,___,_~_"'_'_"'_'_."'__"_ ._~____..___'_..~~.._.._.w..~__~__"-_,___".._~ ."'....L.... -,-' "'\1J~r' '."~" "-'16<"-,1
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RICHARD F. MAFFETT, JR.
Attorney at Law
2201 NoI1h Second SIr..'
Hallisburg, Pennsylvania 17110
Mattbew Beckler, Esquire
Office of Chief Counsel
Department of Transportation
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
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