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Pileggi v. Commonwealth6/24/2005
, an Officer is not required to repeatedly state the warning. As determined by the trial court, Officer Addalli read from form DL-26 and informed Pileggi that his operating privileges would be suspended for one year if he refused to submit to testing and that he did not have the right to speak to an attorney or anyone else.
This is not a case where Pileggi was confused as to his rights but instead a case where Pileggi was soliciting advice as to what action he should take. Having already been informed of the consequences of a refusal and that he did not have a right to talk to an attorney or anyone else before deciding what to do, we disagree with the trial court that an officer under these circumstances is required to inform a licensee that his license will be suspended for one year for his refusal where it has been determined that the licensee was previously warned.
In accordance with the above, the decision of the trial court is reversed.
Now, June 24, 2005, the order of the Court of Common Pleas of Montgomery County, in the above-captioned matter, is reversed.
JIM FLAHERTY, Senior Judge
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