Lanthier v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
2011 Pa. Commw. LEXIS 241
| Pa. Commw. Ct. | 2011Background
- Lanthier appeals a one-year suspension of her driving privilege under 75 Pa.C.S. § 1547 for refusing chemical testing after a DUI arrest.
- DOT must prove four elements: officer had reasonable grounds for DUI arrest, asked for testing, Lanthier refused, and she was warned of possible suspension.
- Trooper Rossi responded to a single-vehicle accident; Lanthier was found at a residence with injuries and alcohol smelled on her breath.
- Lanthier was read the DL-26 warning multiple times and asked to submit to testing; she gave no response, which DOT treated as a refusal.
- The trial court found DOT met its initial burden and Lanthier failed to prove she was incapable of a conscious and knowing refusal; credibility determinations were for the trial court.
- On appeal, Lanthier argued DOT must prove the officer reasonably believed she was conscious and listening; the court held the officer’s actions and warnings suffice to establish that belief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DOT properly proved a refusal under §1547 | Lanthier contends DOT failed to show she was conscious/listening when asked. | Lanthier argues the arresting officer must have reasonable belief she was conscious and listening before the request. | Yes; the officer's request and warnings suffice to show reasonable belief and a refusal. |
| Whether Lanthier could prove incapacity without medical testimony | Lanthier contends she was incapable of a knowing refusal due to injuries and unconsciousness. | DOT bears burden; medical testimony generally required but not always. | Trial court's finding supported by evidence; medical testimony not required here; credibility resolved in favor of DOT. |
| Role of credibility and evidence on whether injuries were obvious | Lanthier claimed injuries rendered her incapable of responding. | Court must assess credibility; Lanthier testified inconsistently with evidence. | Sufficient competent evidence supported the trial court's credibility finding; Lanthier failed to prove incapacity. |
Key Cases Cited
- Kollar v. Dep’t of Transp., Bureau of Driver Licensing, 7 A.3d 336 (Pa.Cmwlth. 2010) (burden-shifting framework for showing a conscious and knowing refusal)
- O’Connell, 521 Pa. 242, 555 A.2d 873 (Pa. 1989) ( Miranda rights not applicable to chemical-test request warnings)
- Ostermeyer v. Dep’t of Transp., Bureau of Driver Licensing, 703 A.2d 1075 (Pa.Cmwlth. 1997) (severity/inncapacitating effect of injuries may establish incapacity without medical proof)
- McQuaide v. Dep’t of Transp., Bureau of Driver Licensing, 647 A.2d 299 (Pa.Cmwlth. 1994) (situations where injuries make incapacity obvious may negate need for medical testimony)
- Eisenhart, 531 Pa. 103, 611 A.2d 681 (Pa. 1992) (refusal and testing law within implied consent framework)
- Riedel, 539 Pa. 172, 651 A.2d 135 (Pa. 1994) (limits emergency blood testing when officer has arrested driver and warned)