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Gordon v. Commonwealth2/27/1998
SENIOR JUDGE RODGERS
The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Allegheny County that sustained Lisa G. Gordon's (Licensee) appeal from the suspension of her operating privilege by the Department pursuant to Section 1547(b)(1) of the Vehicle Code (Code), 75 Pa. C.S. §1547(b)(1). We affirm.
Fox Chapel Borough Police Officer Stephen J. Vashie testified at the de novo hearing before the trial court. He stated that he arrived at the Gordon residence in response to Licensee's telephone complaint that her phone was being tapped. The officer investigated the wiretapping complaint, discovering that a piece of cable TV wire had fallen. The officer also testified that Licensee had called the police station on numerous other occasions, complaining that underground high intensity wires, Christmas lights and a lawn sprinkler control box were monitoring her. When speaking to Licensee, Officer Vashie noticed an odor of alcohol emanating from her. The officer further testified that Licensee asked him to transport her to Gateway Rehabilitation Center, but he refused. Then Licensee entered a Jeep Grand Cherokee and drove to the end of the driveway. When the officer attempted to stop Licensee from leaving the scene, she drove off. Officer Vashie pursued Licensee and after managing to stop the vehicle, he arrested Licensee for driving under the influence . The arrest was accompanied by a physical attack on the officer; Licensee attempted to bite, scratch and kick the officer in the groin.
The officer transported Licensee to the police station and then she was taken by ambulance to Saint Francis Hospital. The officer requested involuntary commitment, because of her delusional and agitated state. He noted that Licensee did not believe he was a police officer even though he was in full uniform. At the hospital Licensee was strapped to a gurney and was yelling and screaming. When Officer Vashie first requested Licensee to submit to a blood test, she assented but requested a lawyer to be present. Then the officer read the implied consent warnings while Licensee continued to yell and scream. At this point Licensee refused the blood test and again requested a lawyer. Because Licensee was restrained she did not nor could she sign the forms presented to her by the officer. Licensee was then involuntarily committed for a mental health evaluation. Officer Vashie reported a refusal to submit to chemical testing.
By official notice the Department suspended Licensee's operating privilege for one year for refusing to consent to a blood test. Although Licensee did not testify in her own behalf, the trial court sustained Licensee's appeal, concluding that the testimony of Officer Vashie recited above indicated that at the time the consent warnings were communicated to Licensee she was unable to make a knowing and conscious decision regarding the test. The court also noted that Licensee was restrained and was, therefore, physically unable to sign the proffered forms.
The Department now appeals to this Court. It contends that the trial court's determination that Licensee had carried her burden of proof establishing that her refusal was not knowing and conscious due to mental illness was not supported by competent evidence because Licensee failed to present unequivocal medical evidence. Specifically, the Department argues that "Officer Vashie's testimony, standing alone, is insufficient, as a matter of law, to support a finding that suffered from a mental disorder and that her mental disorder precluded her from making a knowing and conscious decision regarding the blood test." (Department's brief, p. 10).
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