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Foringer v. Commonwealth5/19/2005
utside the Borough because he observed two potential Vehicle Code infractions (i.e., 75 Pa. C.S. §3802 (DUI) and 75 Pa. C.S. §3309 (relating to driving outside clearly marked lanes)) within the Borough and immediately continued to pursue Licensee regarding those infractions immediately outside the Borough. See 42 Pa. C.S. §§8953(a)(2) (authority to enforce the laws of the Commonwealth outside jurisdictional limits if in hot pursuit of person for any offense committed or where probable cause to believe an offense has been committed); 42 Pa. C.S §8953(a)(5) (authority to enforce the laws of the Commonwealth outside jurisdictional limits if officer, while on official business, observes or has probable cause to believe that a felony, misdemeanor, breach of peace, or an act presenting an immediate clear and present danger to persons or property has been committed). While Officer Scheckler chose to continue to follow Licensee outside of the Borough instead of pulling him over within Borough limits, the actions of Licensee within the Borough were sufficient to give Officer reasonable grounds to believe that Licensee was driving while under the influence of alcohol and served as a basis for arresting him. Simply because Licensee was not finally pulled over until he swerved and nearly crashed into the speed limit sign on the shoulder of the road only 3/10 of a mile outside the Borough does not change this conclusion.
Because the Department met its burden of proving that (1) Officer Scheckler had reasonable grounds to believe that Licensee was driving under the influence of alcohol; (2) Officer Scheckler requested Licensee to submit to chemical testing; (3) Licensee refused; and (4) Licensee was properly notified of the consequences of his refusal (i.e., a verbatim recitation of the Implied Consent Form), the order of the trial court is affirmed.
AND NOW, this 19th day of May, 2005, the order of the trial court in the above-captioned matter is affirmed.
DAN PELLEGRINI, JUDGE
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