HomeMy WebLinkAbout95-06696
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COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
APPELLEE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
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NO. .,., .. lu to It' l" C...~..Y T~,,,
ROBERT BLAIR BOLLING,
APPELLANT
NOTICH OP APPEAL
1. Appellant, Robert Blair Bolling, is an adult individual whom
currently resides at 12 North 21st Street, Camp Hill, Pennsylvania
17011.
2. Appellee, Commonwealth of Pennsylvania, Pennsylvania Department
of Transportation, Bureau of Driver Licensing, Harrisburg, Dauphin
County, Pennsylvania, 17123, is a state agency.
3. Your Appellant was arrested for allegedly operating his motor
vehicle while Driving Under the Influence on September 23, 1995, at
0235 hours by Trooper, Dennis T. Wilson, of the Pennsylvania state
Police of Trooper S in Harrisburg.
4. Your Appellant was arrested on SR 83 North-bound at the Lemoyne
off Exit Ramp. in the Lemoyne Borough, in cumberland County.
5. Your Appellant was informed that he was going to be given a
blood testing to determine his blood alcohol content.
6. Your Appellant was notified on or about October 26, 1995, that
his license was being suspendsd for a period of one year which
would go into effect November 30, 1995 at 12101 a.m. A true and
correct copy of the Notice is attached at Exhibit "A".
, .
7. your Appellant denies that he refused to submit to breath,
blood or urine testing and that said suspension is improper and
8. Your Appellant submits he was not given proper warnings
regarding the implied consent law.
9. Your Appellant submits the police officer lacked probable cause
to request the Appellant to submit to a blood test for alcohol.
WHEREFORE, your APpellant respectfullY requests your Honorable
Court to grant him a hearing and deny the Commonwealth'S request
that his license be suspended and your Honorable court to stay any
and all suspensions.
unwarranted.
RespectfullY submitted,
ztfc
trick F. Lauer, Jr., Esquire
108 Market street, Aztec Building
Camp Hill, pennsylvania 17011-4706
lD* 46430 Tel. (717) 763-1800
Date:
(/-1tJ -~ S/
. .
AT'l'ORHBY VBRIPICATION
The undersigned, Patrick F. Lauer, Jr., Esquire, hereby
verifies and states thatl
1. He is the attorney for the Appellant, Robert Blair Bolling;
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; and
S. 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.
Respectfully submitted,
Date I
! / -70 "'1r
-
pa ic F. Lauer, Jr., Esq e
21 8 Market Street, Aztec ilding
Camp Hill, Pennsylvania 17011-4706
10. 46430 Tel. (717) 763-1800
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 171Z3
OCTOBER Z6, 1995
CA"P HILL PA
1070U
'527'8440000130 001
10/1'/1"5
1105107274
0711'/1'55
ROBERT BLAIR BOLLING
12 NORTH 21 ST STREET
Dear Motoristl
As a result of your violation of Section 1547 of the Ve-
hicle Code, CHEMICAL TEST REFUSAL on 09/Z3/1995. your driving
privilege is being SUSPENDED for a period of 1 YEARCS).
In order to cOMPlY with this sanction you are required to
return any current driver's license, learner's per.it and/or
te.porary driver's license Cca.era card) in your possession
no later than the effective date listed. If you cannot co.-
plY with the require.ents stated above, you are required to
sub.it a DL16LC For. or a letter acknowledging the sanction
of your driving privilege. Failure to co.plY with this no-
tice shall result in this Bureau referring this .atter to the
Pennsylvania State police for prosecution under SECTION
1571Ca)C4) of the Vehicle Code.
Although the law .andates that your driving privilege is un-
der suspension even if you do not surrender your license,
Crcd~.t Ifill not heai" until ..ll rllrrllnt rtriver'!5 license
productCs), the DL16LC ForM, Dr a letter acknowledging your
sanction is received in this Bureau.
WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT,
WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT
WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE,
YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION.
Effective Date of suspension I 11/30/1995, 1ZI01 a...
....................................................................
IWARNINGI If you are convicted for driving while your license is I
Isuspended, the penalties will bel not less than 90 days iMPrison-I
I.ent and a .1,000 fine and an additional 1 year suspension. I
....................................................................
952798440000130
Please see the nnclosed application far restoration fee in-
forMation.
You hava tha right to appeal the Depart.ent's action to tha
Court of CaMMon Plaas (Civil Division) within 30 days of the
.aU date (OCTOBER 26, 1995) of this notice. PLEASI NOTE
that this Civil Appeal is in addition to any appeal you have
to file fro. the criMinal conviction. You Must fallow the
tn5trur.tions listed balow accordinq to your individual situ-
ation I
1. PINNSYLVANIA RESIDENT If you are a resident of
Pennsylvania, yoU Must file an appeal with the Court of Co.-
.on Pleas in the County of your residence. Sending a COpy
of the appeal which you filed with the Court, to the Depart-
.ent, will postpone the Depart.ent's action panding a final
decision by the Court if the appeal was filed within the re-
quired 30 days. However, if your privUege to operate a
co..ercial .otor vehicle has been DISClUALI'IED, a signed
supersedeas by the judge .ust acco.pany your appeal.
2. NON-RESIDENT - If you are not a resident of Pennsylvania,
yoU .ust file an appeal with the Court of Co..on Pleas in the
Pennsylvania County where the violation occurred. Sending a
COpy of the appeal which you filed with the Court, to the
Depart.ent , will pustpone the Depart.ent's action pending a
final decision by the Court if the appeal was filed within
the required 30 days.
THE APPIAL MUST II SINT IY CERTIFIED MAIL TO:
PINNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICI OF CHIEF COUNSIL
ROOM lOS, TRANSPORTATION . SA'ITY IUILDING
HARRISIURG. PA. 17120
Sincerely,
~~,~
Rebecca L. Bickley, Director
Bureau of Driver Licensing