Articles Posted in Blood Testing

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The Commonwealth of Pennsylvania appealed from the order granting Colby Michael Snyder’s motion to suppress in a Pennsylvania DUI case. Last month, the Pennsylvania Superior Court affirmed the lower court’s decision.

In June 2016, a Pennsylvania State Trooper noticed Appellee speeding, weaving, and changing lanes without signaling on Interstate 81. The trooper initiated a traffic stop and noticed alcohol emanating from Appellee. When Appellee exited the vehicle, he was unsteady and disoriented. Appellee failed multiple field sobriety tests. A breathalyzer test revealed a BAC of .121.

Appellee was taken to the station where he was read the then-current DL-26 warnings. Those warnings informed Appellee that he would be subjected to increased criminal penalties if he refused to submit to a blood draw. Appellee submitted to a blood draw, which revealed a BAC of .213.

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Pennsylvania DUI law can often be nuanced and complex, as a recent case illustrates. In December 2014, K.W. was involved in an accident in Cameron County in which her car struck two pedestrians. One of the pedestrians sustained serious injuries, and the other was pronounced dead at the scene. When police arrived, Trooper J.R. asked K.W. to perform a field sobriety test, which she performed poorly. K.W. then submitted to a portable breath test, after which she was placed under arrest on suspicion of DUI.

The police transported K.W. to the hospital for a blood test. There, Trooper J.R. read K.W. the O’Connell and implied consent warnings, as contained on the Pennsylvania State Police DL-26 form, after which K.W. consented to a BAC test. K.W. was subsequently charged with the following: homicide by vehicle while DUI; aggravated assault by vehicle while DUI; DUI of alcohol or controlled substance; DUI of alcohol or controlled substance with a BAC of .178%; DUI of alcohol or controlled substance; and careless driving.

Prior to trial, K.W. filed a motion to suppress the results of the BAC test based on Birchfield v. North Dakota. In August 2016, following a suppression hearing, the suppression court granted K.W.’s motion, and suppressed all evidence from the BAC test. The Commonwealth appealed, raising the following issue for review: “Did the trial court err in suppressing the results of the testing of [K.W.’s] blood, after a fatal, suspected DUI motor vehicle accident, on the basis of the United States Supreme Court’s decision in Birchfield v. North Dakota?”

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A driver appealed from a June 21, 2016 judgment of sentence in a Pennsylvania DUI case, imposing 36-108 months of incarceration for homicide by vehicle, recklessly endangering another person (“REAP“), and driving under the influence of a controlled substance.

The trial court summarized the facts as follows. The driver was driving her vehicle on Kindig Road, ran a stop sign at the intersection of Kindig Road and Route 97, and pulled out into oncoming traffic on a busy road with a speed limit of 35 miles per hour. Her line of sight going in the southbound direction was completely obstructed by a building as she approached the stop sign. Rather than inch up past the stop sign to look for oncoming traffic, she never stopped and proceeded into the intersection, traveling 12 miles per hour and pulling out directly in front of the decedent’s northbound box truck. The box truck crashed into the driver’s car, crossed the double yellow line, and then crashed into a tow truck driving southbound on Route 97. The evidence also showed that the driver was familiar with her route of travel, the placement of the stop sign, and the nature of the intersecting road.

A jury found her guilty of homicide by vehicle and REAP, but not guilty of homicide by vehicle while driving under the influence. The trial court found her guilty of DUI and various summary traffic offenses. In June 2016, the trial court sentenced her to 27 to 84 months of incarceration for homicide by vehicle, a consecutive nine to 24 months for REAP, and a concurrent three to six months for DUI.

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The Commonwealth appealed from an October 17, 2016 order entered in the York County Court of Common Pleas, granting the motion to suppress filed by a defendant in a Pennsylvania DUI case. Since the trial court did not make factual findings regarding whether the defendant consented to the blood draw before or after being improperly warned about the consequences of refusal, the Pennsylvania Superior Court was unable to determine whether the court erred in finding the defendant’s consent was involuntary. The appeals court therefore reversed and remanded.

On February 8, 2015 in New Cumberland, the defendant was traveling west on Lewisberry Road. The victims were entering Lewisberry Road from Poplar Road when they were hit by the defendant’s car. One victim, who was driving at the time of the incident, was ejected from his vehicle and later pronounced dead. The other victim sustained severe injuries, including a brain injury, a shoulder injury, and internal injuries. Immediately following the incident, she was transported to Hershey Medical Center for treatment.

An officer spoke with the defendant on the scene after he was placed in the ambulance. The defendant advised the officer he was heading home at the time of the incident after picking up food for his family. At that time, the officer smelled a strong oder of alcohol coming from the defendant’s breath, and when asked, he stated he had consumed one beer earlier that day.

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A driver appealed from the August 26, 2016 judgment of sentence entered in the Mercer County Court of Common Pleas following his bench trial conviction for driving under the influence — highest rate of alcohol. The Pennsylvania Superior Court affirmed.

In disposing of the driver’s motion to suppress, the trial court set forth the following facts. On October 3, 2015, at around 4:00 a.m., an officer received a dispatch of a possible accident in Jackson Township. He arrived, and a second marked cruiser arrived on the scene. Upon arrival, the troopers discovered a Jeep Grand Cherokee that had gone off the road and had skidded into a small wooded area.

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The Pennsylvania Superior Court recently reversed a driver’s DUI conviction and remanded to the trial court to determine whether his consent to a blood test was validly obtained in light of the U.S. Supreme Court decision in Birchfield v. North Dakota.

At around 3 AM in September 2015, an officer was on routine patrol in Allegheny County. He was driving on State Route 88 when he noticed the driver’s vehicle with both passenger side tires on the shoulder of the roadway with tires over the fog line. The vehicle appeared to be traveling over the speed limit, so the officer turned around in order to follow the driver and determine his speed. The driver made a left turn on Hamilton Road and traveled up Hamilton by driving up the middle of the road, his vehicle in both lanes of travel. There were no obstructions or road conditions that would cause the driver to take up both lanes of travel. The officer then activated his lights and conducted a traffic stop.

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The Pennsylvania Superior Court recently reversed and remanded a defendant’s DUI convictions in light of the United States Supreme Court’s holding in Missouri v. McNeely.

In December 2012, Philadelphia Police Officer Amina Oliver observed defendant Stacey Lane’s vehicle blocking a lane on Loudon Street. Lane exited his car and shouted:  “Stacey Lane got love for Logan.” (Logan is the name of the neighborhood where the incident occurred.) Lane continued to scream at passing cars. Officer Oliver noticed that Lane had dilated pupils, and his body and car smelled strongly of PCP. Oliver called for a police car to take Lane to the hospital.

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In the wake of the Fourth of July, historically known for its high rate of drunk-driving fatalities nationally, Pennsylvania police departments have been enforcing new DUI rules mandated by the recent Supreme Court ruling in Birchfield v. North Dakota. 

Chief Gleason of the West Goshen Police Department said his officers would start implementing the new rules immediately. They will strive to perfect their procedures for investigating DUIs and making arrests. They plan to continue to pursue drunk drivers vigorously.

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