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McFadden v. Commonwealth5/24/2005
William Brian McFadden (Licensee) appeals from the June 4, 2004 order of the Court of Common Pleas of Philadelphia County (trial court) that dismissed his statutory appeal from a one-year suspension of his operating privilege imposed by the Department of Transportation (DOT) pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C.S. § 1547(b). We affirm.
On December 11, 2003, Officer Brian Malone of the City of Philadelphia Police Department received a radio call between 8:00 p.m. and 9:00 p.m. relating to a "hit and run" accident. Upon arriving at the accident on the 4700 block of Smick Street, Officer Malone was approached by a female motorist who pointed out Licensee as the driver of the vehicle that struck her vehicle. The officer observed that there was some damage to the rear of the female's vehicle.
Licensee's vehicle was legally parked on Smick Street. Upon approaching the vehicle, Officer Malone found Licensee asleep in the driver's seat. After Officer Malone knocked several times, Licensee awoke and opened the door. The officer then asked Licensee what happened. Licensee mumbled an answer that the officer did not understand. At that time, Officer Malone noticed a strong odor of alcohol on Licensee's breath. The officer also noticed that Licensee's eyes were bloodshot and that his speech was slurred.
Officer Malone then asked Licensee for his driver's license, vehicle registration and insurance card. Licensee was unable to produce those items and mumbled his response so badly that the officer could not understand him. The officer finally did obtain Licensee's driver's license. Believing Licensee to be intoxicated, Officer Malone placed him under arrest for driving under the influence of alcohol (DUI).
Officer Malone then transported Licensee to the Philadelphia Police Department's Accident Investigation Division for chemical testing. Upon arrival, Licensee was turned over to the custody of Officer Gary Harrison, who is a certified operator of the Breathalyzer 5000 and 5000 EN breath-testing machines. Officer Harrison provided Licensee with the "O'Connell warnings."
Officer Harrison then requested that Licensee submit to a breath test, which Licensee refused. DOT subsequently notified Licensee that his operating privilege was being suspended under Section 1547(b) of the Vehicle Code as a result of his refusal to submit to chemical testing. Licensee filed a statutory appeal and, on June 4, 2004, the trial court held a de novo hearing on Licensee's appeal. At the hearing, Officer Malone testified regarding the circumstances of the incident. Officer Harrison testified regarding Licensee's refusal. Licensee stipulated that he was provided with the proper warnings and that he refused to submit to the breath test. Otherwise, Licensee did not present any evidence.
On June 4, 2004, the trial court entered an order denying Licensee's appeal. In its November 4, 2004 opinion in support of its June 4, 2004 order, the trial court determined that under the circumstances, Officer Malone had reasonable grounds to believe that Licensee was operating a vehicle while under the influence of alcohol. Licensee appeals.
Licensee contends that the trial court erred in upholding DOT's suspension where DOT failed to establish that Licensee was arrested for DUI by an officer that had reasonable grounds to believe that Licensee was operating a motor vehicle while under the influence of alcohol. "Whether reasonable grounds exist to believe that a motorist operated his vehicle while under the influence of alcohol or controlled substance is a question of law reviewable by this court on a case by case basis." Kanousky v. Department of
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