Bashore v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
27 A.3d 272
| Pa. Commw. Ct. | 2011Background
- Bashore appeals a one-year license suspension for refusing chemical testing after a DUI arrest.
- Trooper Foutz arrested Bashore following a hit-and-run on Daub Lane where Bashore appeared extremely intoxicated.
- Bashore refused to submit to chemical testing and was warned the suspension would result from refusal.
- Trial court denied Bashore’s appeal and reinstated the license suspension; Bashore appealed to the Commonwealth Court.
- A central issue was whether Daub Lane is a trafficway and whether there were reasonable grounds to believe Bashore was driving under the influence.
- The court held the implied consent law does not require driving on a highway or trafficway to establish reasonable grounds; evidence supported a reasonable belief Bashore was driving under the influence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable grounds to believe Bashore was driving under the influence? | Bashore argues no grounds since she wasn’t on a highway or trafficway. | PennDOT contends reasonable grounds exist from the DUI-related observations and Daub Lane context. | Yes; sufficient grounds supported request for testing. |
| Does Daub Lane qualify as a trafficway for purposes of reasonable grounds? | Daub Lane’s status as a private drive undermines grounds. | Implied consent grounds do not require a highway/trafficway; driving under the influence can be inferred from circumstances. | No; trafficway status is not required for reasonable grounds. |
| Is the evidence sufficient to sustain the license suspension based on refusal to test? | Bashore refused testing after proper warnings; suspension is warranted. | If reasonable grounds existed, suspension follows under 1547(b)(1). | Yes; evidence supported the denial of Bashore’s appeal. |
Key Cases Cited
- Broadbelt v. Dep’t of Transp., Bureau of Driver Licensing, 903 A.2d 636 (Pa.Cmwlth.2006) (burden and elements for license suspension)
- Dep’t of Transp. v. Dreisbach, 363 A.2d 870 (Pa.Cmwlth.1976) (reasonable grounds standard for implied-consent requests)
- Zwibel v. Dep’t of Transp., Bureau of Driver Licensing, 832 A.2d 599 (Pa.Cmwlth.2003) (review of evidence in license-suspension appeals)
- Mitchell v. Dep’t of Transp., Bureau of Driver Licensing, 826 A.2d 936 (Pa.Cmwlth.2003) (lawfulness of underlying DUI arrest irrelevant to suspension)
- Dep’t of Transp. v. Wysocki, 535 A.2d 77 (Pa. 1987) (implied consent and administrative suspension framework)
- Orloff v. Dep't of Transp., Bureau of Driver Licensing, 912 A.2d 918 (Pa.Cmwlth.2006) (scope of review in license-suspension cases)