HomeMy WebLinkAbout97-04776
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CMI_N. 1I1T1NG WNlN'NOI AND "II'O"T 01'
fllllUlAL TO IUIMIT TO CKlIICAL T...TINO AI
AUTMOftIZlO IV 0' THI VIHIOLI CODI
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P.O. 801 2253
H.rrl.bu'll. PA 17105
Iltdg. ~umbtr: 9
Phono~ 243-7910
MoWing AcId.... 211 N. MIOOU.-roN RD
CARLISLE, PA 17013
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AOOITIONAL auPPLIII 0' THII 'DAM MAY BE IIECUREO IV ~ lICIIIIiIOI-II1A
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I'ATRICK t: I.AllER, JR,
Allorn.y dl l.aw
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ClI"" 11111.1',\ 17011
l'lI717(,lIHI)l1
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PI\lj( 01
COMMONWEALTH OF PENNSVLVANIA
DEPARTMENT OF TRANSPORTATION
R~re.~ 0' Orl~lr Llctn.lnu
Harrisburg, PA 17125
AUGUST IB, 1997
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THOHAS HARTIN MCCABE SH
le~J STt~~tTTS GAP AV[
CULISLE: PA
HOL3
~7a23b~~7~bU5?6 OO~
Oa/U/l'!'!?
i1~ sa03ll~
],0/05/],'153
Onr Motorist! I
,
Ao a r'$~lt Of your ~lo1.t!un 0' SectIon 1547 of the t..
hlel. COdl, CHEMICAL TEST R~FUSAL on O?123/1?97, your drl~ ng
prl~lllg. i5 being SUSPENDED for I poriod of I VEARIS), '
III order to compl\l with thl. sanct Ion \IOU are re"ulr.d I to
r.turn any current driver's llc.nse, ledrndr'5 permit andlor
tomporary drlv.r's 11conse lcam.ra card) In your poss... on
no lat.r than the eff.etlvl dale ll'ted. If \IOU cannot e m-
ply with the r.qulr.ment~ stated above, \lOll arf! required. to
submlt a DLI6lC Form or A ,worn affld"vll statlny that au
arc Aware of the sanction "llalnst your drl.lllng prlvl1. ..
Failure to compl\l with thl' not Ie. ,hall r.sult In this u-
rtaU rtf.rring this matter to the Pennsylvania State Pol ca
for prosecution under SECTION 15?1(0)(4) of the Vehicle Co a.
Although the ldw mand~te' that yuur d, lvl1l9 prlvl1.y~ I' n-
dft s'l,pen~lon .VH' if you tlo nnt 511r'rend,,, your lir..n It,
C"ed1t will nol begin until flll cllrr!!1l1 driller', lie.j".
product(s). the OLI6LC Form. or 0 19tt., ~~k""wl.dalng vhur
.anctlon Is r,ctlv.d In Ihl.~ lIureilu. '
WHEN THE OEPARTMFNI RECEIVES YOUR LICENSE nR ACKNOWLEDGEHELT,
WE WtLl. SEND YOU A "ECEIPI, IF VOU DO NIlI RECEIVE THIS RF.CEtPT
WITHIN 15 DAYS CONTACT THL UFPANfMENT IMMEDIATELY, OTHFRWI'E.
YOU WILL NOT BE GIVEN CREDIT IOWARD SERVING THIS SANCTION,
The effeetho dilt. Ilf s\ISP~nsio" Is O?/?2/IQ9I, 12:01 <I,ml
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IWARNING. If \IOU arv convlct.1d for d,lvlIIY whlle \lour 11ten.. 1. I ~':J
I HlSlUndtd , the pen.i111.. wi II htl 1I0t les, thll" 90 duys Imp, loon-I "
I men tan dill. 000 fin e .HI tI .." ",hi i I i II n ill 1 yea r . us ,1ft n sit n . I :i
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97-4776 CIVIL TERM
then stopped the vehicle which was operated by retltloner, Petitioner had trouble
locating his license and registration, his speech was slurred, his eyes were bloodshot,
and he had a strong odor at alcohol on his breath, OHlcer Castle asked petitioner If
he had had anything to drink, Petitioner said "a tew ballios," The ottlcer had
petitioner get out ot the vehicle In order to pertorm tleld sobriety tests. Petitioner
swayed from tront to back, and he retused to pertorm any sobriety tests,
Ofticer Castlo arrested petitioner tor driving under the Intluence at alcohol and
took him to the Harrisburg Hospital tor a blood test. While at the hospital, the officer
read to petitioner, trom Form DL'26, the chemical testing warnings under the Implied
Consent Law. Those warnings included an admonition that "[U]nless you agree to
submit to the test requested by the pollee oHlcer your conduct will be deemed to be
retusal and your operating privilege will be suspended tor one year." Petitioner told
the officer that he understood those warnings but did not agree with them. Petitioner
then retused to take a blood test requested by Officer Castle,
At the hearing before this court, petitioner testified that he Is a truck driver. He
Is tram Ireland and he has lived in the United States tor approximately three and one-
half years. Petitioner acknowledged that he drove Into the oncoming lane at travel
but It was because he was leaning down to try to locate a noise In his vehicle.
Petitioner testltled that he had injured his ankle on the day betore his arrest.
However, he also testltled that the reason he did not take the field sobriety tests was
.2.
97.4776 CIVIL TERM
that he "did not understand them,'" Petitioner testltled that the pollee officer read the
warnings under the Impllod Consent Law to him quickly, and that he did not
understand Ihose warnings. He testltied that he does not recall the officer advising
him that he would lose his Iicen~e tor one year If he did not submilto a blood test.
Pelllloner testified that he refused to take a blood test because he did not think he
was drunk and therefore did not need to be tested.
In order to sustain a license suspension under Section 1547(b)(1) ot the
Vehicle Code, the Department must prove that the licensee (1) was arrested tor
driving under the Influence of alcohol; (2) was asked to submit to a chemical test; (3)
refused to do so; and (4) was specifically warned thatths refusal would result In a
license suspension, Department of Transportation, Bureau of Driver l.Icenelng v.
Tomczak, 132 Pa. Commw, 38 (1990). In Keane v. Commonwealth, Department of
Transportation, 127 Pa. Commw. 220 (1989), the Commonwealth Court stated:
In order to justlly the suspension of operating privileges for refusal to
submit to a breathalyzer test, an arresting officer must have "reasonable
grounds to believe the person to have been driving, operating or In
actual physical control of the movement of a motor vehicle: (1) while
under the Influence. . . ." The test for reasonable grounds Is not very
demanding. If a reasonable person In the position of the arresting
officer, viewing the facts and circumstances as they appeared to the
arresting offlcer, could have concluded that the motorist had operated
the vehicle while under the Influence, such reasonable grounds are
established. (Citations omitted),
Based on our findings of fact, we are satisfied that petitioner understood the
1. Petitioner did not tell Officer Castle that he had any type of Injury that would
have affected his ability to perform sobriety tests,
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1 December 1, 1997
a carliele, Pennsylvania
3
4 (Whereupon, the followinq prooeedinqs were
5 hold at 1:40 p.m.)
6 THE COURTI Ready to proceed?
7 MR. ~ABUS~: Yes, Your Honor. This is
8 commonwealth of Pennsylvania Department of Transportation
9 Bureau of Driver Licensing versus Thomas Martin McCabe, sr.,
10 97-4776 civil Term, license suspension appeal.
11 By official notice dated and mailed Auqust
12 18th, 1997, the Department notified the motorist that as a
13 result of his violation of Section 1547 oe the Vehicle Code
14 relatinq to chemical test refusal on 7/23, 1997 his driver's
15 license was suspended for a period of one year.
16 THE COURT I Proceed.
17 MR. KABUSK: Commonwealth calls Officer Peter
18 Castle.
19 Whereupon,
20 PETER CASTLE,
21 havinq been duly sworn, testified as followSI
22 DIRECT EXAMINATION
23 BY MR. KABUSK:
24 Q Officer Castle, please state your name and
25 spell your last name for the record.
3
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1 A Peter Castle, police officer of North
a Middleton Township, last name spoiled, C-a-s-t-l-e.
3 Q During the course of official duties, have
4 you had oocasion to investigate an alleged incident Of
5 D.U.I. on or betore 7/23, 1997?
6 A Yes.
7 Q Would you please tell the Court about that
8 inoident?
9 A I was on duty at that time in a marked police
10 car. We had received a complaint ot an erratic driver
11 traveling south on Route 11 and heading towards the light at
12 calvary Road. I was in the area just south of Calvary Road
13 when we got the call.
14 I turned around and noticed the described
15 vehicle that we had been dispatched to driving erratically
16 at the intersection. The vehicle turned right and headed
17 north on Calvary Road. The vehicle took the corner slow,
18 had a green light, almost like he was going to stop. The
19 vehicle continued north on Calvary Road driving with the
20 left side of the vehicle into the opposite lane by at least
21 half of the vehicle in the other lane.
22 At one point the whole vehicle was in the
23 opposite lane as we were approaching the large hill on the
24 turnpike bridge. He was completely in the left lane. He
25 was for some reason, unbeknownst to me, he was having his
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1 lett arm out the window, waving it tor some reason. I don't
2 know why. He would wave, move abruptly back and forth when
3 he would move into the opposite lanes. We came to the light
4 at Calvary and spring Road, he turned and put his
5 opposite--
6 THE COURT: Right where?
7 THE WITNESS: At Route 34 oft of Calvary
8 Road.
9 THE COURT: And what happened when he made
10 the right turn?
11 THE: WITNESS: When he made the turn, part of
12 his vehicle was in the opposite lane. He was heading north
13 in part ot the south bound lane.
14 I stopped the vehicle just north of the hill
15 of that intersection. I approached the driver, Mr. McCabe
16 seated beside counsel. I noticed a strong odor of
17 intoxicating beverage on his breath, bloodshot and glassy
18 eyes, slurred speech. I asked him for his information. He
19 fumbled around for a while for it. Passed it by a time or
20 two. I -- after he passed it by a couple times, I told him
21 what I needed, and he was able to produce it them.
22 I asked him to come to the back of the
23 vehicle to do a sobriety test. He did. He came back. He
24 leaned forward as he walked. As he stood, he swayed. He
25 just seemed to have trouble with his balance. I asked him
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1 to do Borne sobriety tests. He refused to do any, and based
2 on all of the observations ot the driver and his condition,
3 he wss placed under arrest, handcutted, and plaoed in the
4 back of my police car, and he was taken to Carlisle
5 Hospital.
6 MR. KABUSKI What happened next?
7 THE WITNESS: He was read the implied oonsent
8 law direotly from the Pennsylvania Department of
9 Transportation form, word for word.
10 MR. KABUSK: May I approaoh the witness,
11 Your Honor.
12 THE COURT: Yes.
13 BY MR. KABUSK:
14 Q Would you identity this document, please?
15 A Yes, that's the form we use for implied
16 consent, reading the law to the individuals.
17 Q You stated that you read him something. Is
18 this what you read him?
19 A Yes, this is the form.
20 Q Okay. What did you read to him?
21 A Everything under the writing, under where it
22 says Section 1547 chemical testing warnings. Where it says
23 under 1, 2 and 3 and 4, a, band c of the implied consent
24 law, basically the consequences for failure or refusal are.
25 Q Would you read aloud what you read to the
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1 motorist?
2 A sure. I read to him, lip lease be edvised you
3 are now under arrest for driving under the influenoe of
4 alcohol or a oontrolled substance pursuant to seotion 3731
5 of the Vehicle Code.
6 "I am I requesting that you submit to a
7 chemical test ot blood.
e "It is my duty as a police offioer to inform
9 you that if you refuse to submit to the chemical test, your
10 driving privilege will be suspended for a period of one
11 year.
12 "The constitutional rights you have as a
13 defendant, commonly known as the Miranda Rights, including
14 the right to speak to a lawyer and the right to remain
15 silent, apply only to criminal prosecutions and do not apply
16 to chemical testing procedure under Pennsylvania Implied
17 Consent Law, which is a civil, not a criminal proceeding.
18 "You have no right to speak to a lawyer or
19 anyone else before taking the chemical test requested by the
20 police officer nor do you have a right to remain silent when
21 asked by the police officer to submit to the chemical test.
22 Unless you agreed to the chemical test requested by the
23 police officer, your conduct will be deemed to be refusal
24 and your operating privilege will be SUspended for a period
25 ot one year.
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1 "The refusal to submit to chemioal testinq
a under the Implied Consent Law may be introduoed into
3 evidence in a oriminal prosecution for driving while under
4 the influence ot alcohol or a controlled substance." That's
5 what I read.
6 MR. KABUSKt May I approach the witness?
7 THE COURT I (Positive indication.)
8 MR. KABUSK: I would like this marked
9 Commonwealth's Exhibit 1, and I move for the admission of
10 the Commonwealth's Exhibit 1. I showed that to Mr. Lauer
11 earlier.
12 THE COURT I You may mark it. It's admitted.
13 (Whereupon,
14 Commonwea 1 th' s Exh ibi t No. 1
15 was marked for identification.)
16 (Whereupon,
].7 Commonwealth's Exhibit No. 1
18 was admitted into evidence.)
19 MR. KABUSK: I move for the admission of
20 Commonwealth's Exhibit Number 1.
21 THE COURT: It's been admitted.
22 MR. KABUSK: Okay.
23 BY MR. KABUSKI
24 Q After you read that to him, what did
25 Mr. McCabe do?
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A We a_ked him if he understood it. He said he
understood it, but he didn't agree with it, and he didn't
want to take the tes~. He laid he didn't want to take the
test. After we explained what the ramitications were again,
Offioer stum and myself both, he still refused.
Q Okay. You say he retused. How did he
refuse?
^ Verbally. He shook his head and said, No, I
don't want to take the test.
Q At any time did you think that Mr. McCabe did
not understand you?
A No. It seemed like he understood. He just
didn't agree with the implied consent law.
Q Did you have any conversations with Mr.
McCabe regarding his prior activities to driving?
A Well, when I stopped and talked to him, and I
asked if he had anything to drink, and he said he did, he
had a few bottles. He said he was coming from work
originally, and I asked him if he had anything to drink, and
said, Yes. When I asked him what he had, he stated a few
bottles, but wouldn't say exactly what.
MR. KABUSK: Thank you. No further
questions.
MR. LAUER:
THE COURT:
May I cross, Your Honor?
Sure.
9
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the state..
Q
Judge Bayley.
A
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down. Right?
A
Q
that night.
A
Q
point when you were watching him, you could see that he was
looking down towards the dash, couldn't you?
A When he was what?
Q When he was driving and you observed him, did
you see him looking at his dash?
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THE WITNESS I
THE COURT:
In around 1116 in the morning.
Go ahead.
BY MR. LAUER I
Q You tilled out a criminal oomplaint in this
o..e. Correot?
A Yes.
Q Do you have a copy of it with you?
A Yes.
Q Is everything true and correct as you have
testified here today?
A Yes.
Q My client is a white caucasian, is he not?
A Yes, he is.
Q Xn your compliant you have listed he was a
blaok male on that night. Agree?
A Yes, I did. Th~t was a typographical.
Q Didn't I just ask you if everything --
THE COURT I Wait. You just asked him that.
MR. LAUER: I apologize.
BY MR. LAUERI
Q Now, dealing with my client that night, what
was the approximate distance that you followed his vehicle
from the tirst point you observed it to the location you
stopped it?
A The first time I observed it, I was about 100
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yards away when I first observed it, and then I oame
direotly behind. I was about -- I followed him about 5, ~
oar lengths baok.
Q What was the distanoe you followed him to
where you stopped him?
A How tar did I follow him?
Q Yes.
A I'll give you a ballpark figure, half a mile,
three quarters of a mile. I am estimating.
Q Okay. And when you were following him, were
you about four or five car lengths behind once you caught up
to it?
A When he slowed down. At different times I
would come closer. That was approximately how far back I
would stay.
Q Now, you've testified that his vehicle went
over a center line.
A Yes.
Q Was it a yellow line or white line?
A It was a yellow, double yellow.
Q How far had you followed his vehicle prior to
crossing the double yellow line the first time?
A The first time he crossed it, it would have
been approximately five car lengths.
Q Okay. And at no time that night, though, did
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1 his tire. ever oross over any fog line. Aqree?
a A I would have to r.view my note.. I think he
3 did, but l.t me roview my notee.
4 Q Do you recall without looking at your notes?
5 THE COURT: No, he doesn't. He said he has
6 to review his notes.
7 MR. LAUER: I'm sorry.
8 THE WITNESSI Yes, he did. He touched the
9 right shoulder ot the road tho one time, I specifically
10 noted.
11 BY MR. LAUER:
12 Q Where was that in relation to the time that
13 his tires orossed the center line to the left the first
14 time?
15 A It was just before he hit the hill before the
16 turnpike bridge.
17 Q What was the approximate distance his vehicle
18 traveled from the first time it crossed the center line
19 until it crossed the second time?
20 A It was within a tenth of a mile.
21 Q Tenth of a mile?
22 A Within there.
23 Q Within that tenth of a mile there was no lane
24 weaving. Agree?
25 A Pardon?
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1 Q Within that tenth of mile there was no line
2 era.sing, there was no weaving. His vehicle wasn't weavin9
3 from left to right.
4 A His vehicle was weaving.
5 Q I am saying, Did it do that within that tenth
6 of a mile?
7 A I didn't say he didn't weave within that
8 tenth of a mile, no.
9 Q Okay. And that is when you say his tires
10 orossed the center line the second time?
11 A Pardon?
12 Q Is that
13 A After he traveled approximately within that
14 distance of a tenth of a mile, yes.
15 Q The first time you say he crossed that center
16 line, that was only for a second. Agree?
17 A The second time -- when he crossed the center
18 line he stayed more than a aecond.
19 Q How long would you estimate the vehicle
20 crossed the center line for?
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A Two to three seconds estimation.
Q And that's on all three occasions. Agree?
A Not a 11 three. When he was driving on the
left side of the roadway he was over there for approximately
four to five seconds in the opposite lane.
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Q And there wae no onooming tratfio that night.
Agree?
A I had passed a oar just turning -- when I
turned left onto Calvary Road, there was a vehiole
approaohing the traftio lane.
Q But when the vehicle was in the other lane of
travel, there was no vehicle approaching?
A No, but he was approaching a hill.
Q When you saw his vehicle, he was making a
left or right turn?
A Left.
Q He had used his turn signal.
A I don't recall if I saw one.
Right?
He waa in the
process ot making the turn when I saw him.
Q Now, when my client got out of his vehicle,
he didn't lean against the car. Right?
A Not that I specifically noted.
Q He never tripped, right, when he would walk
from his car. Right?
A No.
Q And did you ask him how much sleep he had or
anything like that?
A No.
Q Where were you when you asked him about it he
had anything to drink?
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1 A Where was I when I asked him?
a Q Yes.
3 A He was in the vehicle, and we were in the
4 prooess of getting his information.
5 Q How much time did you spend with n,y cllent at
6 the scene before you placed him under arrest?
7 A I am not sure. A few minuteB.
8 Q Were there any coordination tests done back
9 at the hospital prior to asking you to submit to the blood
10 or breath test there?
11 A No, there were no tests. He refused all of
12 the tests. He didn't do any of the tests.
13 Q So he was only standing outside of his car
14 for a minute or two before you arrested him. Right?
15 A A few minutes. I don't know how long.
16 Q Were there any other off icers there?
17 A Yes.
18 Q Who else was present?
19 A Officer sturn.
20 Q And that's all he said that night. Agree?
21 A Pardon me?
22 Q And that's all he said that night. Right?
23 A Who said?
24 Q My olient.
25 A What all did he say?
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1 Q Everything you have testified to, that's
2 everything he said?
3 A Oh, he might have said other things, but I
4 didn't -- ones I specifically made note of that were
5 important to me I made note of.
6 Q Did he make any other statements that night?
7 A I couldn't tell you what he made statements
8 to. I don't know.
9 Q Okay. You testified that he swayed when he
10 was standing outside of his vehicle.
11 A Uh-huh.
12 Q Just left to right?
13 A Front and back. Left to right.
14 Q Okay. What were the road conditions like
15 when you were asking him to do the coordination test right
16 where he was standing?
17 A On the shoulder of spring Road. We went over
18 a hill and coming to a flat part just before East Hillcrest
19 Road.
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MR. LAUER: No further questions. Thank you.
THE COURT: Anything else?
MR. KABUSK: Nothing, Your Honor.
THE COURT: You may step down.
THE WITNESS: Thank you.
TilE COURT: Any further testimony?
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MR. KABUSK:
THE COURT:
MR. LAUER:
No, Your Honor.
Petitioner.
Court's indulgence for a seoond,
Your Honor.
THE COURT:
MR. LAUER I
Uh-huh.
I'd like to call my client, if I
oould.
Whereupon,
THOMAS MARTIN McCABE,
having been duly sworn, testified as followSl
DIRECT EXAMINAIlQH
BY MR. LAUERI
Q Mr. McCabe, would you state your name and
spell your last name?
A Thomas Martin McCabe, M-c-C-a-b-e.
Q Mr. McCabe, where do you live?
A Sterrets Avenue in Carlisle.
Q How long have you lived in the United states?
A A little under three and a half years.
Q What's your educational background?
A I hadn't a lot of education because I had to
go out and work, you know. Home learning. And I left
school when I was 11, and what I learned I just learned on
the road.
Q You left school when you were 11 years old?
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work.
that.
A Yeah, but we had to work. We are allowed to
We have to chop log. and sell logs and stuff like
Q What kind of work did you do when you were in
Ireland?
A Mostly to do with trucks, and then when I
became old enough to drive truck, I drove over there. I
have been dr.iving since I was 17 and a half. I don't know
how to do anything else.
Q What kind of work do you do now?
A I am a truck driver now.
Q Now, you are a truck driver. Had you ever
heard of the implied consent law thing that the officer
testified to here? Did you ever hear that before that
night, before you were arrested?
A No, it was -- I was never -- I was never even
stopped for a ticket.
THE COURT: You answered the question. You
hadn't. Next question.
BY MR. LAUER:
Q You never heard that before. Right?
A No.
Q Did, in fact, the otficer read that to you
that night as quickly as he did here for the court reporter?
A Yeah, yeah, he was very fast.
20
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1 Q The officer testified that you told him you
2 understood it. Did you understand it?
3 A I didn't really. I wantlld to get it over
4 with. I didn't understand the sheet. I still, today, when
6 h. was reading it, I didn't understand it, you know.
6 Q The officer testified about your vehicle
7 going across the center line. Did you hear him testify to
8 that?
9 A Yeah. Yeah.
10 Q Can you tell the judge what happened that
11 night when you were driving?
12 A Your Honor, I was out getting a new head put
13 on the car three days previous, and I was getting an engine
14 noise, and it kept coming in every so often. I was looking
15 down to try to visualize where I could see where the noise
16 would be, and I went across the roadway across the road
17 because I looked down. I took my eyes off the road, and I
18 did go across the road but I came back.
19 And the noise kept coming in, and I was
20 trying -- and that's, you know, I was going slow to know
21 where the noise came from. So I didn't realize until the
22 next day. It was when me and my son were putting in
23 coolant, we dropped the plastic cap, and it was caught
24 behind the fan, and that's how the noise kept coming in. I
25 only realized that then the next day when it fell out on the
21
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1 ~round, that'. when I realized what happened with the oar.
2 Q That's why your car went across the line?
3 A I hurt my leg and my leg was sore.
4 Q Now, the officer asked you to get out of the
5 oar. Do you remember him testifying to that?
6 A Yeah. Yeah.
7 Q Had you ever boen asked to do any kind of
8 test like that before?
9 A No.
10 Q Okay. Do you really understand why he wanted
11 you to do certain tests?
12 A I never heard of these tests. I didn't know
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19 1:00. I work 1:00 in the day until 1 in the mQrning. I
20 went around the back of the trailer to open the doors and
21 there was a big dip, and I went down over on my ankle and
22 tore ligaments in my leg, and that's the reason I finished
23 work early, but I went to the Apple-A-Day medical place, the
24 company sent me to there. They were closed and I went the
25 next day, and they gave me a little casting you rap it
what it was. I found out after what it was and I refused.
I didn't know. I didn't understand.
Q Now, tell the judge if, in fact, you were
injured, have any kind of injuries, in a relatively short
period of time prior to that night when you were stopped.
A Well, I woke at -- I had to be at work at
22
fi.",
,....1""'-
1 around your leg, and I had to wear that seven to eight days,
2 I think it was.
3 Q So you suffered -- you incurred that injury
4 that day, is what you are telling me?
5 A Just about four hours prior to the polioeman
Ii stopping mI\!.
7 Q The otficer, did he ask you if you suffered
8 any injuries at all?
9 A No.
10 MR. LAUER: Cross examine.
11 CROSS-EXAMINATION
12 BY MR. KAuuaKt
13 Q Mr. McCabe, do you recall the polioe officer
14 stopping you?
15 A Yeah.
16 Q Do you recall him aSking you some questions?
17 A Yeah. He asked me for me license and
18 registration, and I thought the registration was the thing
19 on the back of the car. I didn't realize that was a piece
20 of paper you have.
21 Q Do you recall telling the officer you had
22 something to drink prior to driving?
23 A Yeah.
24 Q Do you recall the officer placing you in
25 handcuffs and taking you to the hospital?
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Q
give blood?
A
Q
A
test.
Q
(",.."
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1 A I don't remember him saying that. He just
2 kept saying you are making it harder on yourself.
3 Q Do you recall the otticer's reading to you
4 some information prior to chemical testing?
5 A He read that paper but I honestly didn/t
6 understand him.
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17 A Truck driver.
18 Q And did you tell the offioer you had an
19 injury that evening?
20 A No.
21 MR. KABUSl<: No further questions.
22 THE COURT: Anything else?
23 MR. LAUER: Just a couple questions.
24
25 REDIRECT EXAMINATION
Q And did you submit to a chemical test?
A No.
Q You rfllfused?
A Yeah.
Q Okay. And what sort of work do you do?
A Now?
Q Now.
A I am a truck driver.
Q What sort of work did you do when -- the
night of the arrest?
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BY MR. LAUER:
Q The -- did the offioer ever show you this
implied ~onlent warning, aotually show you that pieoe of
paper?
A I don't remember him showing me, no.
Q Okay. So you don't --
A I didn't see that until today.
Q You didn't see that until today. okay.
MR. LAUER: No further questions, Your Honor.
THE COURT: Why did you refuse the test?
THE WITNESS I I honestly -- I was ignorant
to, I suppose to -- I nover had this, what you call the
test, blood test.
THE COURT: Why did you refuse the blood
test?
THE WITNESS: I didn't think I was, you know,
incapable -- I didn't think I was drunk. I didn't, you
know. I didn't think I needed to be tested, you know.
THE COURT: Okay. You may step down. Any
further testimony?
MR. LAUER: No, sir.
'l'HE COURT: Anything else?
MR. J(ABUSK: Nothing, Your Honor.
THE COURT I The record's closed. Argument
off the record.
26