61 A.3d 349
Pa. Commw. Ct.2013Background
- DOT suspended Licensee’s privilege for one year after he refused chemical testing following a DUI stop on Aug. 23, 2011.
- Trial court conducted a de novo hearing on May 22, 2012 and reinstated Licensee’s license based on lack of evidence of reasonable grounds to arrest.
- Sgt. Pombo testified Licensee had bloodshot eyes, slurred speech, smelled of alcohol, admitted drinking, and refused field sobriety testing; Licensee disputed speeding stop and traffic behavior.
- Licensee argued no reasonable grounds to believe DUI; the record showed a number of observed indicators though none singly conclusive.
- Act 24 (Sept. 30, 2003) altered some statutory language but the court examines whether reasonable grounds were present under Section 1547; appeal concerns whether the trial court’s finding was supported by substantial evidence.
- This Court reverses the trial court and reinstates the suspension, holding there were reasonable grounds to arrest under the totality of circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were there reasonable grounds to arrest Licensee for DUI? | Licensee argues no reasonable grounds. | DOT argues there were reasonable grounds. | Yes; sufficient totality of circumstances supported reasonable grounds. |
| Did Act 24 raise the substantive standard for reasonable grounds under 1547? | Licensee asserts heightened standard. | DOT contends no higher standard was intended. | Act 24 did not increase substantive reasonable grounds requirement. |
Key Cases Cited
- Banner v. Department of Transportation, Bureau of Driver Licensing, 558 Pa. 439 (Pa. 1999) (establishes standard for reasonable grounds under 1547)
- Sisinni v. Department of Transportation, Bureau of Driver Licensing, 31 A.3d 1254 (Pa.Cmwlth.2011) (glassiness of eyes insufficient alone; considers totality of evidence)
- Wysocki v. Department of Transportation, 517 Pa. 175 (Pa. 1987) (odor of alcohol and admission may indicate possibility of intoxication)
- Mooney v. Department of Transportation, Bureau of Driver Licensing, 654 A.2d 47 (Pa.Cmwlth.1994) (refusal to submit to field sobriety testing can be considered)
- Stancavage v. Department of Transportation, Bureau of Driver Licensing, 986 A.2d 895 (Pa.Cmwlth.2009) (enumerates examples of possible reasonable grounds)
- Pearson v. Commonwealth, 122 Pa.Cmwlth. 91 (Pa.Cmwlth.1988) (belligerent behavior as part of probable cause considerations)