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Pileggi v. Commonwealth6/24/2005
The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Montgomery County (trial court), which sustained the appeal of Frank A. Pileggi (Pileggi) from a one-year suspension of his operating privileges imposed by the Department, pursuant to 75 Pa. C.S. § 1547, for his refusal to submit to chemical testing. We reverse.
In a notice dated April 8, 2004, the Department notified Pileggi that, as a consequence of his refusal to submit to chemical testing on March 3, 2004, his operating privileges were being suspended for one year. Pileggi filed a timely appeal to the trial court, which conducted a de novo hearing.
At the hearing, counsel for the Department and Pileggi stipulated that on March 3, 2004, Officer Frank Addalli had reasonable grounds to believe that Pileggi was driving under the influence of alcohol. Officer Addalli placed Pileggi under arrest and transported him to the hospital.
At the hospital, Officer Addalli testified that he took Pileggi to the area where blood samples are withdrawn. He then removed Pileggi's handcuffs and read to him verbatim the Department's DL-26 form. DL-26 informs a licensee that he has been arrested for driving under the influence of alcohol, and that the officer is requesting that the licensee submit to a chemical test of blood. Paragraphs 3 and 4 further provide:
3. It is my duty as a police officer to inform you that if you refuse to submit to the chemical test, your operating privilege will be suspended for at least one year. In addition, if you refuse to submit to the chemical test, and you are convicted of, plead to, or adjudicated delinquent with respect to violating Section 3802(a) of the Vehicle Code, because of your refusal, you will be subject to the more severe penalties set forth in Section 3804(c) of the Vehicle Code, which include a minimum of 72 hours in jail and a minimum fine of $1,000.00
4. It is also my duty as a police officer to inform you that you have no right to speak with an attorney or anyone else before deciding whether to submit to testing and any request to speak with an attorney or anyone else after being provided these warnings or remaining silent when asked to submit to chemical testing will constitute a refusal, resulting in the suspension of your operating privilege ..
After reading Pileggi the warnings, Officer Addalli asked him to submit to a blood test. Pileggi responded that he didn't know what to do. Officer Addalli again requested Pileggi to take the blood test and Pileggi responded by asking officer Addalli if he could use his phone to call a friend. Officer Addalli informed him that he could not and Pileggi was again asked to take the test. Pileggi again responded that he did not know what to do and asked the Officer for his advice and the Officer told him he could not advise him. Officer Addalli asked Pileggi numerous times for a yes or no response as to whether he would take the test. He responded by stating that he did not know what to do. Officer Addalli, after the ten to twelve minute exchange, marked Pileggi's actions as a refusal.
The trial court, acknowledging that Officer Addalli read the DL-26 form to Pileggi, asked Officer Addalli if he reinforced to Pileggi that his operating privileges would be suspended for one year when Pileggi asked the Officer whether or not he should take the test. Officer Addalli stated that he's done that numerous times, but he could not recall whether he specifically did that with Pileggi.
Pileggi testified that although Officer Addalli read something to him at the hospital, he did not recall what the Officer read to h
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