Loading...
HomeMy WebLinkAbout96-01463 " 1 ~ :: -. ~ ~ '" \~ ~~ ~, " } . ~ ~ J ('(") ~ ~/ ~ " COLLINS, RAYMOND D MR 1/621537 01/05/1996 . CHIEF COMPLAINT: Evaluation after motor vehicle accident. HISTORY: This a 25-year-old man who states he swerved to avoid hitting a deer while driving home this momlng. There were no other vehicles involved. He ran up onto a yard and hit an embankment. coming to a stop. The steering wheel was bent and the windshield was spidered. according to the ambulance crew that brought him in. He was ambulatory at the scene but was brought fully immobilized by the rescue squad for further evaluation. He complains of facial injury as well as low back pain. He denies any weakness or numbness in his extremities. There was no loss of conscious- ness. He admits to two beers tonight and stopped drinking two hours ago. The police officer investi- gating the accident reports the accident happened at a T intersection with a stop sign and it is apparent the patient went through the stop. PAST MEDICAL HISTORY: Unremarkable MEDICATIONS: None. ALLERGIES: None. PHYSICAL EXAMINATION: Temperature 37.6 G. pulse 108, respirations 26, blood pressure 128/84. He is alert with normal speech. There is a strong odor of alcohol on his breath; his speech is not slurred, however. Extraocular movements are intact. The pupils are equal, round. and reactive to light. There is some tendemess and swelling over the maxillary spine. There are several linear abra- sions on the right side of the face just below the lower lip. There is no other facial, scalp or skull tendemess. The jaw Is nontender with full excursion. The teeth fit together. Intraorally there are small lacerations, each in the midline, one In the buccal gingival sulcus superiorly and one In the buccal gingival sulcus inferiorly. They do not require suturing. The neck Is nontender but protected with Philadelphia collar pending x-rays based on mechanism of injury. The chest is clear and the chest wall is non tender. Breath sounds are equal bilaterally. Cardiac exam reveals normal heart tones. There is no jugular venous distention. Abdomen Is soft and nontender with active bowel sounds. Pelvis Is stable. All extremities are full range of motion and neurovascularly intact without localizing tenderness. Neurologic exam is nonfocal with full strength and sensation. The back shows mild lumbar tenderness without deformity. EMERGENCY DEPARTMENT COURSE: Cross-table lateral and cervical spine x-rays were obtained as well as lumbosacral spine x-rays. All ware read by the Emergency Department physician and no fracture was seen. After return from X-ray, the patient got up and got dressed and had no difficulty further with his back. Penicillin VK 500 mg. was given orally as well as Tylenol 650 mg. orally before discharge. DIAGNOSES: ."" J. I" 0 fl'" '" v' ~~ 1. Intraoral lacerations and facial abrasions. status post motor vehicle accident Iff> 2. Fracture maxillary spine, status post motor vehicle accident 3. Lumbar strain status post motor vehicle accident u.i",'~ 4. Alcohol Intoxication 1/ . _/~cu V .~I.Y l'fl~' !J Page 1 of 2 ORIGINAL CARLISLE HOSPITAL EMERGENCY ROOM RECORD ~h::e 1411 t- f t~ h; bi f- " '" 19 1C I t,.; e v : 7. An ambulance was summoned to take Appellant to the hospita.l. 8. Due to the severity of Appellant's injuries no field sobriety tests were administered at the scene. 9. Appellant was treated by the ambulance crew at the scene and was also treated at the hospital. 10. The patrolman's affidavit of probable cause states that he advised the Defendant of the Consent Law and that the Defendant refused to have "blood taking". 11. Appellant was strapped to a board and could not see the patrolman when and if the patrolman requested consent for Ii!. blood test. 12. The severity of Appellant's injuries prevented him from providin9 the patrolman with a knowing and intelligent refusal to be tested. 13, Appellant's severe and incapacitating injuries were obvious to the patrolman, as his body had broken both the steering wheel and the windshield, and he was bleeding profusely from the facial area, In addition, the extensive damage to Appellant's vehicle was obvious. 14. Becauee Appellant was incapable of making a knowing and conscious refusal of the test, the ~uspension of his license is invalid. . DEPARTMENT OF TRA1fSPORTATI~, COMMONWEALTH OF PENNSYLVANI~, Appellee ': "ll~'~iT.~URT OF COMMON nEAS OF ':" CUMBERLAND COUNTY, PENNSYLVANIA .. ?-,:-q ',\J' h: 3: 23 ~~ . v. CIVIL ACTION - LAW APP~,FROM LICENSE SUSPENSION 96-1463 CIVIL TERM RAYMOND DAVID COLLINS, Appellant . . ORDER OF COURT AND NOW, this 6th day of June, 1996, upon consideration of the Appellant's Petition for Appeal from License suspension, and following a hearing at which the Appellant was represented by Steven F. Fairlie, Esquire, and the Department ot Transportation was represented by George Kabusk, Esquira, the Court finds that the Department of Transportation established that the Appellant was arrested for driving while under the influence of alcohol, that he was requested to submit to a chemical test, that he refused to submit to such test, and that he was specifically warned that a refusal would result in suspension of his license, and that the Appellant has failed to establish that he was physically unable to take the test or was incapable of making a knowing and conscious refusal. The Court finds on the contrary on the basis of the testimony presented that the Appellant was able physically to take the test, that he was capable of making a knowing and conscious refusal, and that he in fact did so. Based upon the foregoing findings of fact, the Appellant's Petition for Appeal from License Suspension is DENIED, and the Department's suspension of the Appellant's operating privileges dated February 21, 1996, is AFFIRMED. By the Court,