31 A.3d 1254
Pa. Commw. Ct.2011Background
- Sisinni appealed a one-year suspension of his driving privilege under 75 Pa.C.S. § 1547 for refusing to submit to chemical testing.
- The suspension followed an August 15, 2010 stop for a red-light violation in Pittsburgh, where an odor of alcohol and glassy eyes were noted by the Officer.
- Sisinni performed field sobriety tests; he passed them, but admitted drinking and refused a preliminary breath test, then refused post-arrest chemical testing.
- Officer Kain arrested Sisinni and transported him to the station for a post-arrest chemical test under § 1547(a); Sisinni again refused.
- The trial court denied relief, finding that reasonable grounds existed to request a chemical test based on odor, glassy eyes, experience, and admission of drinking.
- On appeal, Sisinni argued there were not reasonable grounds to believe he was operating under the influence, given passing field sobriety tests and only slight odor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there were reasonable grounds to request a chemical test | Sisinni: no reasonable grounds; passed tests, slight odor, border-line case | Kain's observations and totality of evidence show reasonable grounds to believe DUI might be involved | Yes; there were reasonable grounds to request a chemical test |
Key Cases Cited
- Kollar v. Dep't of Transp., Bureau of Driver Licensing, 7 A.3d 336 (Pa. Cmwlth.2010) (reasonable grounds inquiry is case-by-case)
- Stahr v. Dep't of Transp., Bureau of Driver Licensing, 969 A.2d 37 (Pa.Cmwlth.2009) (reasonable grounds exist when officer could conclude DUI under the circumstances)
- DiPaolo v. Dep't of Transp., Bureau of Driver Licensing, 700 A.2d 569 (Pa.Cmwlth.1997) (relevant to not requiring field sobriety failure for reasonable grounds)
- Wilson v. Cmwlth., 417 A.2d 867 (Pa.Cmwlth.1980) (standard for reasonable grounds grounded in observed facts)
- Stancavage v. Dep't of Transp., Bureau of Driver Licensing, 986 A.2d 895 (Pa.Cmwlth.2009) (glassy eyes alone insufficient without additional evidence)
- Zwibel v. Dep't of Transp., Bureau of Driver Licensing, 832 A.2d 599 (Pa.Cmwlth.2003) (implicity of intoxication assessed by totality of evidence)
- Dreisbach v. Dep't of Transp., Bureau of Driver Licensing, 363 A.2d 870 (Pa.Cmwlth.1976) (non-requirement of explicit impairment for reasonable grounds)
- Banner v. Dep't of Transp., Bureau of Licensing, 737 A.2d 1203 (Pa. 1999) (reasonable grounds not equal to probable cause)
- Thorek v. Dep't of Transp., Bureau of Driver Licensing, 938 A.2d 505 (Pa.Cmwlth.2007) (preliminary breath test limitations and civil nature of suspension)
- Vinansky v. Dep't of Transp., Bureau of Driver Licensing, 665 A.2d 860 (Pa.Cmwlth.1995) (case law support for reasonable grounds standards)