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Murphy v. Commonwealth9/7/2001
The Department of Transportation, Bureau of Driver Licensing (Department) appeals from the February 8, 2001 order of the Court of Common Pleas of Allegheny County sustaining the appeal of Patrick V. Murphy (Licensee) from a one-year suspension of his operating privilege. We reverse.
By notice date August 17, 2000, the Department informed Licensee that his driving privilege was being suspended for one year as a consequence of Licensee's reported refusal to submit to chemical testing on June 28, 2000, pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C.S. §1547(b). Licensee filed a timely appeal and the trial court held a de novo hearing on February 8, 2001.
City of Pittsburgh Police Officer Louis Frank testified to the following facts. On June 28, 2000, at approximately 1:00 a.m., he responded to a radio call of an accident. At the scene, he observed a severely damaged white Dodge Ram pickup that was smashed into a concrete wall and four parked vehicles that had apparently been hit by the pickup. An eyewitness described the driver of the pickup to Officer Frank and stated he had seen the driver exit the vehicle and run up Chartiers Avenue.
Police found Licensee walking down Chartiers Avenue. Licensee denied owning the pickup or being involved in the accident; however, eyewitnesses separately identified Licensee as the driver and sole occupant of the pickup. Licensee was visibly intoxicated, with a strong odor of alcohol, difficulty standing and slurred speech. Licensee spontaneously stated, "It's my fault, I'm drunk," several times. When asked if he knew where he was or where he'd come from, Licensee paused and then responded, "I'm not going to answer that." Licensee told police he did not have a driver's license and would not provide his social security number or home telephone number.
Licensee refused Officer Frank's request to submit to field sobriety tests. When Officer Franks asked if there was any medical condition limiting Licensee's ability to perform the test, Licensee said only, "I'm not doing them." Licensee did not appear to be injured. Paramedics did not treat Licensee or examine him, although they were present when Officer Franks asked Licensee if he was hurt. (Officer Frank did not remember Licensee's exact response.) Officer Franks placed Licensee under arrest for DUI and transported him to the station.
The Department next presented the testimony of Police Officer Howard McQuillan, a police intoxilyzer operator. Officer McQuillan testified that he read Licensee the implied consent warnings from Form DC-26 and Licensee signed the form, which was entered into evidence. When Officer McQuillan handed Licensee the mouthpiece and instructed him to blow a steady breath, Licensee refused. Officer McQuillan repeated the warning that Licensee's driving privilege would be suspended for a year if he refused to take the test, but Licensee adamantly refused. Officer McQuillan testified that Claimant had no apparent injuries or difficulty breathing and seemed to be cognizant and aware of the proceedings.
Licensee testified that he had no recollection of the events leading up to his arrest, and he did not recall being asked to take the breathalyzer test or signing the consent form. Licensee stated that the signature on the consent form did not look like his signature and he was permitted to enter into evidence a copy of the bail and discharge sheet to show his usual signature.
Licensee stated that, early in the evening of June 29th, while still in jail, he realized he had two bumps on his head. Licensee explained he was not discharged from jail until approximately 2:00 a.m. and he put ice on his head when he go
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