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  1. #1
    Join Date
    Sep 2011
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    OH10
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    Default Re: Submitting a Drivers License Suspension Appeal Form

    Wow, it appears we can save you a lot of time and money on this. Define "knowingly and voluntarily refuse chemical testing". Also, make sure you send in your DL, any permits, plates, etc otherwise the suspension does not start until you do.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  2. #2
    Join Date
    Jul 2013
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    1

    Default Submitting a Drivers License Suspension Appeal Form

    My question involves a driver's license issued by the State of: Pennsylvania

    Long story short, I am losing my license for one year for refusing a BAC test (regretfully now known). Anyways, I cannot afford an attorney and am looking to represent myself pro se at the appeal. Here is the link for the Civil Cover Sheet I must fill out. Just want to know if I'm doing this correctly:
    http://www.chesco.org/DocumentCenter/View/3101

    I've listed the answers I currently have, and think are right, but who knows, some are probably wrong and I am seeking guidance fpr anything I listed that may be wrong.

    Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet (Chester County)
    -Commencement of action: Petition?
    -Lead Plaintiff's Name: (My name)
    -Lead Defendant's Name: Commonwealth of Pennsylvania, Department of Transportation
    -Are money damages requested?: No
    -Is this a class action suit?: No
    -Is this a MJD appeal?: No
    -Dollar Amount Requested (Check one): within arbitration limits or outside arbitration limits (HELP... which do I check?)
    -Nature of the case: Civil Appeal: Department of Transportation (checked the box)

    Chester County Court of Common Pleas Cover Sheet
    -Plaintiff Name, Address: [my info]
    -Defendants Name, Address: Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing
    -Plaintiff's/Appellants Attorney: (HELP... Leave blank since I am pro se, or write something?)
    -Are there any related cases? Please provide case no.: (Leave blank?)

    -If this is an appeal for a Magisterial District Judgement, was appellant: Plaintiff or Defendant in original action (HELP... this is not an appeal for a MJD, I don't think. So which do I check??)
    -Jury Trial Demanded?: Yes, No (No?)

    Please help, I am so lost and need all the assistance I can get. I cannot afford an attorney on top of everything else. Thank you so much in advance for anyone willing to give me some answers.

    Also, the reason I listed on the appeal sheet for the said suspension of the appellant's drivers license is improper or unlawful for the following reasons: "The Appellant did not knowingly and voluntarily refuse chemical testing."

    Thanks again so much!

    - - - Updated - - -

    [QUOTE=MNC2001;728908]My question involves a driver's license issued by the State of: Pennsylvania

    /QUOTE]

    Can anyone provide any advice involving this form?

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Submitting a Drivers License Suspension Appeal Form

    Quote Quoting MNC2001
    View Post
    Long story short, I am losing my license for one year for refusing a BAC test (regretfully now known). Anyways, I cannot afford an attorney and am looking to represent myself pro se at the appeal. Here is the link for the Civil Cover Sheet I must fill out. Just want to know if I'm doing this correctly:
    http://www.chesco.org/DocumentCenter/View/3101

    I've listed the answers I currently have, and think are right, but who knows, some are probably wrong and I am seeking guidance fpr anything I listed that may be wrong.

    Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet (Chester County)
    -Commencement of action: Petition?
    -Lead Plaintiff's Name: (My name)
    -Lead Defendant's Name: Commonwealth of Pennsylvania, Department of Transportation

    -Are money damages requested?: No
    -Is this a class action suit?: No
    -Is this a MJD appeal?: No
    -Dollar Amount Requested (Check one): within arbitration limits or outside arbitration limits (HELP... which do I check?)
    -Nature of the case: Civil Appeal: Department of Transportation (checked the box)

    Chester County Court of Common Pleas Cover Sheet
    -Plaintiff Name, Address: [my info]
    -Defendants Name, Address: Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing

    -Plaintiff's/Appellants Attorney: (HELP... Leave blank since I am pro se, or write something?)
    -Are there any related cases? Please provide case no.: (Leave blank?)

    -If this is an appeal for a Magisterial District Judgement, was appellant: Plaintiff or Defendant in original action (HELP... this is not an appeal for a MJD, I don't think. So which do I check??)
    -Jury Trial Demanded?: Yes, No (No?)
    The way I understand it, and since you were the defendant in the original action for DUI, you're still the defendant during the appeals process.

    Although the better question is, and even if you can correctly complete the form, what are you trying to accomplish by appealing?

    You refused a chemical test and there is no denying that.

    The state of PA mandates a 12 month mandatory suspension for refusal to submit to a chemical test.

    Yes, you have a right to appeal but if the appeal is merely a review if the facts of the case upon which time it will then be revealed that you refused a chemical test, the suspension will stand and must be served in its entirety for the 12 full months...

    You are not eligible for a probationary license and based in what I can find, you can't even get an occupational (restricted) license for the 12 months you are under suspension.

    Am I missing something? Is there something you are trying to accomplish that I overlooked?

    Quote Quoting MNC2001
    View Post
    Also, the reason I listed on the appeal sheet for the said suspension of the appellant's drivers license is improper or unlawful for the following reasons: "The Appellant did not knowingly and voluntarily refuse chemical testing."
    How could you UNknowingly and INvoluntarily refuse chemical testing?

    Let me take the "voluntarily" first because that is the easy one.... Were you forced to refuse the test? My guess is you were urged to submit to one... Were you not? No one pushed you away while you were insisting you wanted to take it... If I am wrong about that, I hope you'll correct me.

    As for knowingly, actually, you did know...

    1547 (b) Suspension for refusal.--

    (1) If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person as follows:

    (i) Except as set forth in subparagraph (ii), for a period of 12 months.

    (ii) For a period of 18 months if any of the following apply:

    (A) The person's operating privileges have previously been suspended under this subsection.

    (B) The person has, prior to the refusal under this paragraph, been sentenced for:

    (I) an offense under section 3802;

    (II) an offense under former section 3731;

    (III) an offense equivalent to an offense under subclause (I) or (II); or

    (IV) a combination of the offenses set forth in this clause.

    (2) It shall be the duty of the police officer to inform the person that:

    (i) the person's operating privilege will be suspended upon refusal to submit to chemical testing; and

    (ii) if the person refuses to submit to chemical testing, upon conviction or plea for violating section 3802(a)(1), the person will be subject to the penalties provided in section 3804(c) (relating to penalties).

    (3) Any person whose operating privilege is suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension for other reasons.

    The arresting officer did in fact inform you of the consequences of your refusal, did s/he not?

    But even before then...

    § 1547. Chemical testing to determine amount of alcohol or controlled substance.

    (a) General rule.--Any person who drives, operates or is in actual physical control of the movement of a vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a vehicle:

    (1) in violation of section 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked), 3802 (relating to driving under influence of alcohol or controlled substance) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock); or...

    ... You had already been informed of the requirement that you must submit to a chemical test upon request back when you signed your driver's license application. You already knew... So declaring now, under penalty of perjury, that you did not knowingly refuse....

    If you're aware of any laws or legal provisions that say any different than what I have found, it would be great if you can post them and that way we can review them along with you to try and help you out. Otherwise, I am sorry to say that it appears you're beating a dead horse.

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