Dumas v. Commonwealth12/8/2005
This is an appeal by William J. Dumas (Dumas) from the order of the Court of Common Pleas of Lebanon County (trial court) that dismissed his statutory appeal from an 18-month suspension of his operating privilege as untimely filed.
On June 4, 2004, Dumas was arrested by Lieutenant Todd J. Hirsch (Lieutenant Hirsch) of the North Cornwell Township Police Department and charged with DUI. Dumas refused to submit to a blood test and Lieutenant Hirsch reported that refusal to the Bureau of Driver Licensing (Bureau). This was Dumas' second DUI arrest.
By official notice dated and mailed September 6, 2004, the Bureau notified Dumas that, as a consequence of his refusal to submit to chemical testing on June 4, 2004, his operating privilege was scheduled to be suspended for 18 months as authorized by Section 1547(b)(1)(ii) of the Vehicle Code, 75 Pa.C.S. §1547(b)(1)(ii). The suspension notice was mailed to Dumas at his address of record at 20 Dumas Lane, Jonestown, Pennsylvania 17038.
Dumas, pro se, filed a statutory appeal from the suspension notice on October 18, 2004, which was beyond the 30-day appeal period. Dumas did not seek leave to file his appeal nunc pro tunc. The trial court held a hearing on December 2, 2004. Dumas requested and was given a continuance on November 30, 2004. The hearing was rescheduled for January 20, 2005. On the morning of January 20, 2005, Dumas telephoned the trial court and stated he was physically unable to appear in court. The trial court denied the request for a continuance but gave Dumas twenty days to provide proof from a licensed physician that he was unable to attend the hearing for medical reasons. On February 16, 2005, Dumas requested an extension of time to provide his medical documentation. On February 18, 2005, Dumas' request was granted and he was given until February 25, 2005, to provide documentation of his ailment. On February 22, 2005, Dumas provided to the trial court a letter from R.W. Robinson, M.D. which stated that Dumas sustained injuries in a car accident on January 3, 2005, and these injuries prevented him from appearing at the hearing on January 20, 2005. On January 23, 2005, the trial court rescheduled the hearing for March 31, 2005, before the Honorable Bradford H. Charles (Judge Charles). The order also stated that Dumas would be given no additional continuances for any reason.
On March 15, 2005, Dumas filed a motion to recuse Judge Charles in this and all cases in which Dumas was a litigant. According to Dumas, his request for recusal was based on prior suits and verbal feuds during Judge Charles' tenure as Lebanon County District Attorney. Judge Charles granted Dumas' motion and ordered that the hearing be held on March 31, 2005 before the Honorable Robert J. Eby (Judge Eby).
On March 22, 2005, Dumas filed a motion to recuse Judge Eby which was denied the same day. On March 28, 2005, Dumas filed a motion for reconsideration of his motion for recusal which was also denied.
On March 31, 2005, a de novo hearing on Dumas' statutory appeal was heard. At the start of the hearing, Dumas indicated to the trial court that he was "in a bad condition" and "on medication," and stated that he intended to withdraw his appeal. Notes of Testimony, March 31, 2005 (N.T.) at 3-4; Supplemental Reproduced Record (S.R.R.) at 14b-15b. The trial court cautioned Dumas that if he withdrew then the case was over, a new suspension notice would be sent to him and he would be required to surrender his drivers' license for 18 months. The trial court further explained that if Dumas decided not to withdraw his appeal, the hearing would proceed as scheduled in light of the numerous delays that had already take
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