Commonwealth v. Xander
14 A.3d 174
| Pa. Super. Ct. | 2011Background
- Commonwealth appeals after the trial court granted Xander's motion for judgment of acquittal regarding the enhanced DUI penalties under §3804(c).
- Xander was arrested Oct 5, 2008 for driving under the influence after signs of impairment; she refused field sobriety testing and behaved disruptively.
- At the Bethlehem DUI Center, Xander was noncompliant, yelled insults, and kicked a police cruiser partition; she was ultimately processed for a blood draw.
- A video/recording showed Xander repeatedly asserting her attorney rights and refusing to answer booking questions; she stated she would not be tested.
- On Dec 4, 2009 the jury found Xander guilty of DUI and of refusing to submit to testing; sentencing was deferred for a PSI.
- On Feb 2, 2010 the trial court sentenced Xander to five days to six months for DUI and granted the acquittal on §3804(c) enhancement due to lack of §1547(b) warnings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1547(b) warnings are required for enhanced penalties under §3804(c). | Xander | Commonwealth | Warnings required; cannot apply §3804(c) without them. |
| Whether Xander's conduct excused the warnings under the 'frustration of purpose' doctrine. | Commonwealth | Xander | Conduct did not excuse; warnings still required. |
Key Cases Cited
- Commonwealth v. Hutchinson, 947 A.2d 800 (Pa. Super. 2008) (sufficiency standard for judgment of acquittal)
- Commonwealth v. Arroyo, 991 A.2d 951 (Pa. Super. 2010) (statutory interpretation principles in DUI context)
- PennDOT v. Weaver, 912 A.2d 259 (Pa. 2006) (duty to warn arrestees of consequences to enable knowing choice)
- PennDOT v. O'Connell, 555 A.2d 873 (Pa. 1989) (warning requirements to avoid misleading arrestees)
- Swords v. Harleysville Ins. Co., 883 A.2d 562 (Pa. 2005) (guides statutory construction approach)