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Home My WebLink About97-06203 ~ , ~ - r ~ (: I .~ , ,.1 ,:1 r , ,!,~~~ '/'1 Ijl' 'il ;' F '1I'i' ,i.M..,.!" i,P 'or. 11l~ ' !'(' .,:l~1 /$t !liA ,{ A ,1111 )(,/1 I (Ii , I,;I~ I~j ,~jl ,. "W ,'1\ , ~_,l I I,}(,\ ;:7/ 1\11 ,Hi un: "II ,I,:i'a H ~rJ' '1,1) ',in .iJ/ . I:V~ '."1' I' ,I;) ;!fl "1/ ,\1 \'i,ri~ ~, }I '..14 " " " ~, '\. ~ ~ .. ;,Q .. ~ , ~', ~ ~ ~ ~ 01" ", , \l ,-,. '~ . :i ,I", . :{'\1~ ~\ ~ '\ - '.. ':1" 1(1 ".. ~'r'. ... II', I.", I : , \~ - '... , '. ~ ,,; , ,I} '.. IIII IIJ, , '\ " , '''I I " ~ '0 \, , ' ! \. ~ \ : i. ' " .,,( " \,1 , , t) ," "- I' ',I 'I 1"1 1'1' , ) \j' , ) I:':) ',) II :~; , , \, ''::-\ \ \ I, .j " , ) -{-, ") ~) '~I It '. ,,' \ ) " '~, ~ "'. } t I' ~ ;! ~ 3 -I f~ I i' ~ f I~ .. IWl'ltlCK .', l.AUI':It, Jlt. AI"'rll~Y pI l,pll' 21"" M"~,, Sir", ,In" 'l"lhll,,~ "."'1' 11111, I'A 17"11 111'/) 7^\,I"I~1 I ' ,;){ ,~." I. j 'II I .j "/ Ii.; COHMONWJ3AL'l'II Oli' PJ3NNSYLVANIA PJ3NNSYLVANIA DJ3PAR~MJ3N~ Oli' TJtANSPOR~A'l'ION, QVRJ3A~ Oli' DRIVJ3R LICJ3NSING, Appellee IN THJ3 COUR~ OF COHMON PLEAS Oli' CUMQJ3RLAND COUNTY, PJ3NNSYLVANIA NOI /)7 ~~()3 Lll/l/'YJ,,.- v. GRJ)lGG '~'. IRWIN Appehant LIC/3NS/3 SUSPENSION APpJ3AL QRDBR OF COl1/!'l' !~:I.I) , ) I 'j AND NOW, this' day of .d',I)I!.(,",. _ 1997, upo>> oonaide~atipn of thia APPJ3AL Ii'ROM SUSPENSION OF OPJ!lRATOR'S PRIVILJ3GE, it ill. he~eby O~de~ed that a Hea~ing on the matte~ ahall . I' 1)''7'8:J be held 01) ,;.{IJ I) day of ')t! )1" d I (1. ~1-9'S'1, at JlJ: .:.Ie') ,; / ' 1/ o/olook i1... m. in Cou~t~oom No.) of the Cumbe~land Cou>>ty Cou~thouae. A auperaedetll3 is granted purauant to Vehiole Code Seotie)/} 1550(b)(1) until auoh time that thia hono~able oou~t ~sl3olvea thia appeal. I II ;1 I ,I JlY THE COURTI . (!(' l J. , ( Dist~ibutionl ~PA Pept. of T~anBpo~tation, Offioe of Chief Counael, Room 10j, T~anapo~tation & Safety Jluilding, Ha~~iabu~g, PA 17120 I -Patriok F. Laue~, J~., Eaq., 2108 Market St.., Camp Hill, PIl 17011 C"IIJ~;. (1)'(\: l.,l 11/1'1/'1"/ ~,\ ,1-' 'I 1:11,1 " ,..... 1,1., " "I/I1Y 'J frlll'''I/I: I i Iii I ~ ,', .,..;., .' I':n , I ,I ',ii)' ,'\ I 'I , I,ll H f h\ " COW>lO~W13Mll'/J OJ)' J;lJ3~~Il'IJ..vANIA , I~ 'l'/i13 COllR'l' O~' COW>lo~ PI-13M QF J;l13~~BY~VA~IA P13J;lARWMJ3~T ,ClIMB/ilRI-ANP COll~~Y, J;l13~~BY~VANIA OF ~RANSPOR~AWIONt ' BllR/ilAll OF PRIV13R ~IC13NSING, , Appellee , NOI ',''/ !,.)().J (0'1",'1 r ~ff~' , v. 1 , LIC13~a13 SllBP13~BION aRJ!lGG ~. IIlWIN , APP2AL Appeilant 1 I\J'PI!AI. Il'IlQt' fJUBP/!NSIO~ Oil' OPQM'I.'QRIS PltIVILBGB A~P NOW oomolJ tne A~pollant, Greg9 'J!. Irwin, l:>y and througn hh attorney, Patriok F. I-auer, Jr., /iJQCJuire, and res~oal:.fully averlJ the followin9l 1. Ap~ellant relJidolJ at ~30 MyerlJtown Road, GsrdnorlJ, CumlJerland County, ponnsylvania 17324. 2. ~he Appellant reoeived a Notioe dated Ootol:>er 14, 1997, that alJa relJult of hh alleged violation of Vehiole code Seotio>> 1547, Chemioal 'l'elJt Refuul, hh driving privilege WU pei>>g QUlJpended for a ~eriod of one year, effeotive sUQpe>>sion date February 12, 1998, at 12101 a.m. A true and oorreot oopy of the Notioe 113 attaahed alJ J!lxhil:>it "A". 3. 'l'ne Appellant lJupmits tnat tne polioe offiaer laaked A , reuonable bash to requellt Appellant to Qubhlit to a ahelJlj,aal t8lt. 4. 'l'he Appellant Qupmits that he did not intelligently And II voluntarily refuQe to dupmit to a ahemioal test. II II I t'", WUlilltlSf'OJlJ!l, your: A~I?Qllant r:eel?ectfully requeete your UO'lqr:aple Court to eohedule an evidentiar:y hearing on the matter. Reel?ectfully eUP~itted, patel .-_....-..... \ \._~ L(, I?at:' .It. Ii' . aU ,.:Jr., Be'lu re 210. Har~et Street, A~teo Building Cam~ Uill, Penneylvania 17011"470~ IpH 46430 'l.'el. (717) 763-1800 I' COI*IO~W/llAJ:ml Of' l?/ll~~SY'WA~lA I ~/ll~H~Y~~ANlA P/llPARTH/ll~T I O~ T~NSpORTATlON I aUR/llAU or DRlV/llR LlC/ll~SlNG, . A~~allee . . . . I a l~ 'J!IIJ!i cOllrw Oli' COI*IO~ /?LlllAS 011' COMa/ll~LA~p COllNTY, ~lllN~~Y~VANlA 'I j ~O . 7/, I.~, J ,i (, l , " (' /- ~:_,...., v. GRJ!iGG T. lRWlN I\~~ahant LlC/llNS/ll SlISPJ!i~SlON APP/llAL A~~O~BY VBRII1'IaNJ!IQ~ Tna undauigned, patriok 11', Lauer, Jr" /ilsquira" nareby verifies and states that. 1. lie is tha attorney for tha A~~ellant, Gre9g T. lrWin, 2. lIa is authorized to make this verifioation on his behalf, 3. Tne faots set forth in the foregoing Ap~eal are known to him and not neoessarily to his olient, 4. /)!ne faots set forth in tpe foregoing Appeal are true aald correct to tne pest of his knoWledge, information and belief, and 5. lie is aware that false statements herein are made subjeot to tne ~enalties of 16 ~a. c.S. 4904, relating to uneworn faleification to authorities. Res~eotfully SUbmitted, Patel --1~ ~6'- '7 L / / ~ l' ok . a er, Jr., Bequ re 2106 Mar et S reet, Azteo auilding Camp Hill, '~ennsylvania 17011-4706 IPH 46430 Tel. (7l7l 763-1800 OO~O~W2ALWH OF P2~~SYLVANIA I P~>>~BYLVANIA P~PARWM2NT I OF T~NSPO~WATIO>> I aUR2AU Of PRIV2R LIC~NSI~G, I A~~ellee I I V. I I GR2GG T. IRWI~ I A~~etlant I I~ TH~ COURT OF COMMON PL~AS OF cU,.,a~RLANP COUWl'Y, P~~~'SYLVANIA NO 'I' ') , j" . (' ' , ) a " (" ' f .1 . ii' l.r r;",., LIC~~S~ SUBP2NBION APP21\L CBnTIFICATB OF SBRVICB I herepy oertify th~t I am this day serving a oo~y of the foregoing A~~eal u~on tne ~erJJon and in tne manner indioated pelow, whiah sel:vioe satisfies tl1erequiromenta of tne Pennsylvania Rules of civil Prooedure, Py de~ositing a,oopy of tne same in the United states cam~ Hill, Pennsylvania, through first alass aertified mail, pre~aid and addressed as followsl Pennsylvani~ Department of Transportation Offioe of Chief Counsel ' Tbird Floor, Riverfront Offioe Center Harrispurg, PA i7104 Datel / l6 9 '7 , Respeotfully sUbmitted, r-;-'--'.."/:-") . , q~--'" ') atr a F.' a~er, Jr., Rsquire 2108 Market street, Aztea aUilding Camp Hill, Pennsylvania 17011-4706 IDN 46430 Tel. (717l 763-1800 .vu..... .a I' 'I COMMONWgALTH Of pgNNsYLV^NXA pgPA~TMgNT OF T~ANSPO~T^TJON ~urQaU of PrivQr LicQII~inQ Harri~burQ, PA 171~~ OCTO~g~ 1(" 1997 G~~GG T IRWIN "I~O /'IY~RSrOIJJN RP GARPN~RS PA L7~~4 "I7e60~LL~~~5176 DOL LO/07lL"I"I7 L6'10711110 In/fl~/L"I5'j L1CgNSg 1N nU~gAU PQ/lr Mo tor is t I A~ /I re~4lt of ~our viol/1tion of sQction 1547 of the VQ- hiclQ codQ, CHgH1CAL TgST ~EFUSAL on 00/~B/1997/ ~our drivino privilQyQ i~ bQinQ sUSpgNPEp for a period of 1 ygA~(S). The effentive data of sus~ension is 02/12/1998, 121Ql a,m. ****************.**..******.******.****.********.*.**...*****....*.. IWA~NXNGI If WOij arQ convictQd for driVin~ whilQ WOllr licQn~Q i~ I l~ll~PQnded, the penaltiQ~ will bel not le~5 than 90 da~~ impri~on- ment and a 1/000 fine and all ildditional 1 wear ~u~peh~ion, I *.............***....*................*.....****..*.......*.*..*...* The /lbove mQntioned ~anction i~ in addition to /lIlW pre- vioU~lW i~~ued ~anction(~I. YOll have the rioht to appeal tha Oepartment'~ acti~n to the Court of Common Plea~ (CiVil PiVi~ion) within 30 d/lW~ of the mdl llate (OCTO~E~ 14/ 1997> of this notice, PLEASE NOTB that thi~ CiVil Appe/ll i~ in adllition to anw aPPQal wou h/lve to file from the criminal conviction. THE APPEAL MUST ~E SENT ~y CE~TXFXBD MAXL TOI PENNSYLVANXA DEPA~TMBNT OF T~ANSPo~TATXON OFFXCB OF CHXBF COUNSEL THXRD FLOO~, ~XVERFRONT OFFXCE CENTER HA~RXS~URG, PA, 17104 , 'I \ ~ I 97;!IH1~ 1l;!39/.ll79 SEHD FEE/~lC~H~~/PL-a'~GlrU' Pep~rtment Qf TranepQrtatiQn ~4reBU Qf Priver LiceneinQ p.o, /lQX ~9~93 HBrrie~UrQI PA a7aO~-9~93 I I I I I i 1 ) { I:, , Sincere all, ~~\~ f/el)"cr:fl L IU/l~hlll IHrfld'j/' /lureaU Qf priver LicuneinQ /HFQffMATlQH lllQU IH sTATE OUT-OF-sTATE TPP IH sTATE TOO Ol/T-OF-STAn AM III 'flulI "HI l-/loO - 'J3"-~"'1"1 7l7-nl"~I'H' l-/llll'" "P/l-I)", 7" 7l1-3'IHdYI COMMONWli:I\L'l'll OJ;' ~/ilNNSYLVN'l1/\, I?li:NNSYLVMI 1/\ nJJ:PM'l'MmN'I' OF 'rRMlS~OJl'rl\'l'ION, aUR/ilAU OF PRIV/ilR LICmNSHIG, Appellee IN 'l'IIm COUR'l' Ol" COMMON PJ.,EI\S Ol" CUMI3/ilIU,/\NP COUN'l'Y, P/ilI'lNSYJ.,V"J'II/\ 97-6203 CIVIJ., 'l'li:RM v, GRli:GG 'l', IRWINi Appel ant J.,ICli:I'ISE SUSP1ilNSION A~I?li:AL HI RJJlI I /\~~mAJ., OF J.,ICli:NSJJl SUSI?1ilNSION ORDER OF COUR:r MID NOW, tni~ 26th day of January, 1998, after hearing on tni~ matter, tne Order of Court is tnat the Defendant's appeal from suspension of operator's privilege pe denied, and the Co~nonWealth Department of ~ransportation's suspension of the licen~e is affirmed, ay the court,." / ) k,i;;;- \ /;/;/ ~ Sdward E, GUido, J, George H. Kapusk, Esquire Office of Chief Counsel 1101 South l"ront Street 3rd Floor Harrisburg, ~A 17104-2616 For Appellee Patriok F, J.,auer, Jr" Esquire 2108 Market street Aii\tec Building Camp Hill PA 17011 For Appe1iant mal ') J IAO',I ?8 . ~'''''l\HUv,'nLt'-"iu~ I ,;b r, n: , ! i\ I '! I i ;(I-ll~ " - ,,';1\'1''/1 ". .'<'.".lI'1;!'}1 ,11"\11,,, , ",', 11': t_.. It; , .. I , 1,1:, I, I ", I I.., ':" , ! I " " " ,.\ ,',I 111 COMMONWJilI\L'1'11 OV' PJ;lNNSYLVI\.NI/\ P~iNNSYINl\NII\ DJiJPM.'!'MSN'1' OF '!'RI\l'ISJ?OI~'I'I\'l'ION, lltlHJi1I\U Ol~ DIUVS'~ I,IC~lNSINO, I\ppellee IN '!'llS COtJW!' or COMMON PLJiJI\S OJ;' CtJMJ3SR1,I\NO COUNTY, PJi1NNSYLVANIA v, 97-6203 CIVIL TmRM ORJiJOO '1', II'WIN, Appellant LICJiJijSJi1 SUSPSNSION APJ?SAL HI ~EI 'I'RN'l@CRIP'l' OF PR,QCESDINOS Proceedings held before the Honorable SOWARO E. GUIDO, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, January 26, 1998, in CoUrtroom Number J;'oUr, ," I APPSAR,aJfCSSI GSORGE KABUSK, Esquire For the Department of Transportation PATRICK F, LAUSR, JR" Esquire For the Defendant fOR COt>lMOtlI1EA~'l'11 , otf, parrell Goodhart INpm. TO WITNESSES r.i 3 pIREC~ ~~ REDIRECT RECRO~S 17 " INDEX TO EXHIBITS FOR COMMONWEALTH Ex, No.1. ohemioal testing warning 2 MARKED ~DMITTEq pre-marlted 14 'I I I, , ,\ >I "; , ..,1", ; r , 1'1\ ;, ii". I ~ f II" !\ 1 'J'JII~ COtJH'l'l olw Y , Ml~, l</\13USJ< I Wo I ~'o roudy to p~'oceed, Your 2 3 HOllor. 1\ 'J'II~: COUH'J', M~., LfIlhH., n re you ready to 5 pt'oc(jed? 6 Ml~, L,I\tJlilR, Yes, ai~' , 'rlllil COURT, Po you want to make openings? It'll totally up to counsel, MR. I<Al3USJ< , No, Your Honor. MR, L,AtJlilRI /.'lot in thb case, Your Honor. 'l'HIil COURT, OJwy. You may proceed, Mr, l<apusl< , 7 8 9 10 11 1:2 13 MR. I<AJ:lUSJ<, Okay, Your Honor, this is the 14 case of 97-6203, Gregg T. Irwin V, Commonwealth of 15 Pennsylvania, Department of Transportation. l3y off~cial 16 notice dated and mailed October 14th, 1997, the Depar~ment 17 of Transportation notified the motorist, Gregg T, Irwin, 18 operator's license number 1-B-4-0.7~8-8-0, that as a result 19 of his violation of Section 151\7 of the Vehicle Code 20 relating to Chemical Test Refusal on B/28/1997, his driving 21 privilege was paing suspended for a period of one year, The I , 2:2 Department calls Officer parrell Goodhart. 23 Whereupon, 24 OF))" DARRElLL GOODHART 25 having been duly sworn, testified as follows, 3 1 PIHE:C'l' I.':XI\MINT\'l'ION 2 PY MR, KAPUSKI 3 0 Officer Goodhart, please state your name, and 4 spell your last name for the record. 6 A My name is Parrell Goodhart, G-o-o-d-h-a-r-t, 6 0 And where are you employed? 7 A I'm employed with the Mt, Holly Springs 8 Police Department. 9 0 During the course of your official duties, 10 have you had occasion to investigate an alleged incident of 11 PUI on or about 8/28 of 19971 1.2 13 14 15 16 17 18 19 20 21 A Yes, sir, 0 Can you tell the Court about that incident? A Yes, sir, I was on duty in a marked patrol unit, and I was approaching the intereection of Pine Street and Paltimore Avenue, which was a red light, As I pulled up 22 23 24 25 to stop for the red light, I observed a tan and gold or a beige and gold colored picltUp truc)t. As it went through the intersection it gunned the motor, and I thought he looked like - - or he appeared like he wae traveling just a little over the speed limit. rhe light changed relatively qUickly, and I pulled onto South 8altimore Avenue, which was the direction of the vehicle in question. As I pulled onto South 8altimore, I observed , 4 , ' .,,' I' ',II; 5 '/ 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 1 d~ht at tho inl:OI:/lCatioll of H nlld !J4, 'l'hll noxt tillllJ 1 OPllfH'V<ld tho v'ohic1G he Wll~ J.1l tho n):oa of 12'1 Yatoo at ):oel:, whioh 1,1 ~oing out of the , no~'ou~h 01) Houtr) H, and at thll) tlnu;l r (Iould definitely ~ee that tha):<l wan ~ome weavin~, and I oontinued to try to c1Q~e the gap then, and it took llIe a while, When r f ina11 y did get to the point whl3re I could make good opservatioll, the vehicle wa~ c1o/:jing in on anothe): automopile, whioh wae also headJ.n~ south, He ran lip behind that vehicle to within one to one and a half oar length~, and I almo~t thought that he wa~ ~oing to ~trike thi~ vehicle at first, and then he did brake, put a~ he followed, hie driving wa~ very erratic, He oro~~ed over the center line two timea, and when I aay cro~~ed over I'm talking appro,imBtely two to three feet over the center line, and he crosaed over the fog line ot). the edge of the road four til)\e~, and plus there waa a lot of erratic weaving in between the oenter line and the fog line, 2 :) 1\ 5 6 I caloulated my stop, and I knew that there waa a wide area, As a matter of faot, a dr 1 veway to Hempt Quarries coming liP, and I aotivated my lights approxim~tely a quarter of a mile before that location, and Mr, Irwin at that time drove paased -- drove paa~ed that location and stopped approximately aeventy-five to a hundred feet paased ,I 6 1 that a'1ainst a gllardraiJ., And the ~lholllde~' at that );lonition 2 ia only approximately fou);' feet wide petween t/1e edge of the 3 road or the fog li/le und the guurdraila. So it left his 'I vehicle half on tho road, In other words, approximately 5 half the width of the vehicle had stopped Ollt on the (; highway, 7 As I approached the vehicle, I asked Mr, 8 Irwin/ who is sitting beside counsel today/ for his 9 operator' /.1 licenae / his owner/ /.1 card, and his t: inancial 10 resJilon/.1ibility or hin in/.1urance card. Mr, Irwin turned to 11 me and said, what are you atopping me for? And I at that 12 time told Mr, Irwin that I ntopJiled I was stopping him for 13 the poaaibilities of being driving under the int:luence, 14 Again, I asked him t:or hia carda / and Ilgain 15 he a/.1ked me what I waa atopping him for, and the second time 16 I told him that I was stopping him t:or driving under the 17 int:luence, Again, to back up a minllte, when I did make the 18 atop Mr, Irwin did light a cigarette, I could see the light 19 at: the cigarette lighter or the ~atch or whatever, 20 In any event/ I aaked Mr, Irwin approximately 21 four times for hia driver's license, insurance, and his 22 int:ormation, and every time the response was why are you 23 stopping me/ and I think after the third or t:ourth time I 24 told him I've already explained that to you, and once again, 25 I asked him, And he started to reach Eor his pocket like he 7 10 11 12 13 14 15 16 17 18 19 20 2l. 22 23 24 25 1 Wa~ going to retrieve hi~ driver'~ lioense, and then he 2 tll~'ned a~'ollnd and paid no, What are you stopping me for? 3 And I thollght okay, 4 5 6 At this point I a~ked MJ:, h'win to get out of the oar or Ollt of the J;>io)~uJ;>, ~nd I believe at that J;>oint in time I had already a~ked him peveral times what hi~ name 7 a Wa~, and he refUaed to tell me, The firat time I a~ked him to get out of the truok he jUat aat there and puffed on the oigarette, and then I oJ;>ened the door and I a~ked Mr. Irwin to get out of the vehiole, and Mr, Irwin orawled out. And I aaked him to steJ;> to the rear of his vehiole, to the front of the police vehiole. A~ Mr, Irwin waa walking I advi~ed him -- or a~ked him to put the oigarette -. Or told him to J;>ut the cigarette out, Up until thia J;>oint I had smelled no aloohol, but his eye~ and hi~ general aJ;>J;>earance did apJ;>ear' that he waa under the influence, Hia eyes were gla~~y and , very blood~hot, He aeemed to be a little inooherent. When he walked to the rear of 11il'l vehicle, to the front of the J;>olioe vehiCle, I did detect a stagger, In other worda, he wa~ weaving as he walked, and he had the appearance of poaaibly being under the influence, When I got him to the police vehiole, I explained the poaition that I would like Mr. Irwin Co stand in while I explained and demonstrated or explained the test 9 6 1 p~'ocedllre/ol which r Willl going to pe~'fQnll, I hild to 1I1'l1( him 2 at least four times and /olhow him how I wanted him to stand, 3 After I got Mr, Irwin finally to stand ill the 4 posil:ion with his heels together and his hands at his side, Ii he i11mollt immediately lost hi/ol PIIlance and stepped out. I 6 got him pack into position, and again, Mr, Irwin ntepped "/ out. Finally, the third time I asked him if he was ready, 6 and he stepped out the third time, 'rhere was n cnr that 9 went past, put we were well pack in front of the police 10 vehicle, and I said -- I asked him if he couldn't Btand in , 11 that position. He said no, that he stepped out pecause the 12 car waB coming, He didn't want to get hit, 13 And I informed him that I didn't think that 14 the car -- I figured that the car would have seen all the 15 lights, put, in any event, I left him kind of stand finally 16 in a modified position with his heels apout six inches 17 apart. I explained the horizontal gaze nystagmus test, and 16 attempted to perform the horizontal gaze nystagmus test, and 19 pefore Iltarting I asked him if he understood, and he 20 informed me that he did, 21 When I went to havu him track my finger with 22 his eyell, I explained that I wanted him to keep his face 23 straight ahead, his chin slightly down, and his eyes up on 24 my finger, And I h,ld it in front of his face, and I asked 25 him if he could see it, and he aaid yea, and when I moved my 9 ',.,.. ,"'.... 10 1 fingeJ: MJ:. Irwin continuod to lQoI~, straigl)t ahead, 2 A9ain, I aolted him it he understood what I 3 l1ad "Ixplnined to him, He assured mo that he did, and I 4 tried it again, and again Mr, IrWin looked atraight ahead, 5 and I asked him the third time if he understood what I told 6 l1im, And Mr, Irwin said he did, and I said, well, what I 7 want you to do io lteap your face straight ahead and folloW 6 my finger with your eyes. Po you underotand? Yes. 9 1\gain, I moved my f.i'nger, and Mr.. Irwin 1,0 looked straight ahead and didn' t follow my finger with his 11 eyes, which was his focal point, I asked him Why, and l1e 12 said, well, I can see your finger, I have peripheral 13 vision, and it was kind of slurred, but I mean he got the 14 word peripher.al oUt, 15 And I explained to him at that time that I 16 didn't want him to use his peripheral vision. I wanted him 17 to Uae l1is eyes, and I wanted him to follow my finger with ,16 his eyes, and, again, I aaked him if he understood, and he 1.9 infot'med me that he did, and, again, when I moved nly Unger 20 Mr, Irwin looked straight ahead, 21 And I asked him at that point in time whether 22 there was any use of performing any of the other tests? Are 23 you going to play games? I don't have time for games 24 tonight, and at that point in time I told Mr. Irwin that I 25 was placing him under arrest for driving under the 1 inCluenoe, 2 puring this oonversation -- or during this 3 or prior to starting, Mr, Irwin said that he wanted a 1\ witness, that he wanted me to (lall. hill wife, I told him 5 that he did not have that right, und I wasn't calling his 6 wife, After I placed him under arrest he wanted me to call 7 his attorney, call his wife, and I told him that I was not B obligated, that he did not have the right to talk to an 9 attorney or anyone else prior to. 10 I took Mr, Irwin back peside the police car, 11 and he informed me that he wasn't getting in the car, that I 12 didn't have the right to ar~est him, I informed Mr, Irwin 13 that I did, that I felt that he was under the influence of 14 alcohOl, plus the fact that he would not produce 15 identification, and he stood beside the police car in a 16 defiant ~anner, and said that he wasn't getting in. 17 I informed Mr, I rwin not to mal<e it any lB harder than what it already was, that I felt that there was , 19 enough proplems. Again, I asked Mr, Irwin to get in the 20 car, He refused, and at this time I pushed Mr. Irwin into 21 the car, and I pushed down on his head and pushed him in, 22 When I did, and I went to close the door, Mr, 23 Irwin threw his foot up against the door and blocked the 24 door. I asked him to put his foot inside. Again, he 25 refused. He still insisted that I call his wife and his 11' 12 1 atto);"tll'lY, I told him that I WMllI' t call ing anyone, to get 2 hia foot inaide, I\gllln, I went to cloae the door, and Mr. 3 Irwin pushed the door open with hia foot, and lit this time I 4 pushed him'ucroas the seat and informed him that he could 5 also be arrested for reaisting arrest, 6 Pinally I forcefully pushed his foot in and 7 closed the door, and rather rapidly, alld then Mr, Irwin 8 started complaining about his ribs, about he had fractured g ribs or cracked ribs or whatever, and he was SUing, and the 10 whole usual routine, I informed him that I had no way of 11 knowing that he had any injured ribs, He didn't inform me 12 that he had any injured ribs, and I informed him that so far 13 he hadn't told me who he was, So I had no )tnowledge of who 14 he was, 15 In route to the hospital -- I took him for 16 blood, In route to the hospital I asked Mr, Irwin at least 1'1 five times what his name was. At no time -- and every time 18 that I asked Mr. Irwin, he refused to tell me, At this 19 point in time I had no idea who Mr, Irwin was. 20 When I arrived at the hospital I was met, and 21 in route I requested that Carlisle have a Unit standing by 22 at the hospital, As it turned out there were two officers 23 at the hospital, Officer Coyt (phonetic) and Officer 24 Hogarth. When I got out at the hospital, I was gathering my 25 paperwork, Officer Coyt took Mr. Irwin. 1 He, t.oo, aaked Mr. Irwin whut hia name waa 2 l:>eclluse I had informed Mr. coyt t.hat he hfldr)'t told me yet, 3 and again he refused, He was talten inaide. He waB aaked to ~ sit down in the chair, Mr, Irwin waan't sitting, He wanted 5 to tall< to hia attorney, I He wanted ua to call his wife. He G didn't Imow what he WIlS peing atopped fo~', 'rhe whole 7 gauntlet again, 8 And finally Offioer Hogarth and Officer Coyt 9 aat Mr. Irwin down in the chair foroefully, After Mr, Ir.win 10 waa plaoed in the chair, I read him hia DL-2G, which ia the 11 PennDOT Implied Consent Porm, I /laked him the first time if 12 he underatood, and the only thing he could /Jay waa that he 13 wanted to talk to his attorney, 14 MR. KABUSKI May I approach the witneaa, Your 15 Honor? 16 TI-lE COURT I Sure. 17 BY MR, KABUSKI 18 Q Officer, you stated you read the DL-26 to the 19 motorist, Ie that a copy of the form that you read? 20 A Yes, it ia, 21 Q Would you read aloud what you read to the 22 motorist? 23 THE COURT, Mt', Kal:>usk, I don't think we have 24 to read that aloud, The exhil:>it speaks for itself. 25 MR, I<ABUSK, Thank you, 13 14 1 13 V MR, 1<Al'ltJSJ~, 2 Q I\nd you read 1 through ~I in that correot? 3 I\! rend 1 through ~ I ~ H, P, Ilnd 0, ~ Q Word for word? 5 1\ Word for word verpatim, 6 MR, 1<I\13US/< I I move for the admi~Hlion of 7 what's peen marl<ed Commonwealth's J;;xhipit Number 1. I' 'Ie 8 ~rovided Mr, Lauer with a co~y, 9 nm COURT, I\ny objection, Mr, Lauer? 10 MR, LI\UBR I No. 11 THJJ: COURT I It is admitted, 12 (Whereupon, Commonwealth Exhibit No. 1 was 13 admitted,) 14 av MR, KAaUSKI 15 Q I\fter you raad the form to the motorist, then 16 what hap~ened? 17 A I read the t'orm to him, and I asked him if he 18 understood what I had just read to him. I\s I said, he 19 demanded that! call his attorney and his wife, I asked him 20 if he understood it, and I think at that time he told me he 21 didn't understand, So I read the thing verbatim the second 22 time, and, again, I asked him if he understood, and he 23 insisted that I call his attorney. 24 I told him, I just read this to you. Seotion 25 4 a, b, and c advises you that you don't have the right to \ 1 2 3 4 5 6 7 8 9 talk to an attorney or anyono 01130, that thia ia a civil matter und not n criminal caae, et cotora, r can't remembe~', you /qloW, exactly what it oays there now, but r mean, r read it verbatim, r read it twice morel section 4 a, b, and 0, 10 r aslted him if he wao going to supmit to blood, and the only thing that Mr. Irwin would say at that point in time was ho wanted to talk to his attorney. He had already informed me that his attorney was Mr, Lauer, and, again, r advised him that he had no right to talk to an attorney prior to giving blood. Officer coyt at that time informed me that he had already given him -- that r had already given him more opportunities than he would have afforded him to submit to a blood test, r gave him one more opportunity, r asked him one last time',' r s\lid, r would like you to submit to a blood test of your -- or a test of your blood for chemical alcohol, and again r got the same answer, ho wanted to talk to his attorney, And I told him at that ~ime -- r advised him , that he could also be charged even though he didn't submit to the blood test, that he could be charged, and would be charged with pur if he ~efused, and the only thing he cpuld say was r want to talk to my attorney. So r deemed the fifth attempt as a refusal to submit for blood, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 1 I <Inked him who he wan, !\gnJ.n, he refuaed to ;) tell m13. r thon anked hJ.m who r could call to have him 3 picked up at the hospital, r a/l)<ed him if hia wife waa 4 Melody, ilnd he -- well, he did tell me hin wife waa Melody. 5 I aaked him if I could call hia wife, which turned out to be 6 Melody, 7 He gave me a phone number, I called her. I ~ aaked her if her huapand waa home, and nhe /laid no, I anl<ed 9 her if ahe knew where he waa. She naid no, that nhe waan't 10 ayre, I aaked her if ahe oWlled a vehicle, and I deacribed 11 the vehicle in quention, and ahe aaid'yen, And I aaked her 12 if the vehicle waa hOllle at that time, and nhe said no, I 13 then asked her if she knew where the -- or knew who had the 14 vehicle -- 15 16 17 16 19 MR. J:.,AUE:Rr OPjection, hearaay, Your Honor, THE: COURTr Overruled, 'rHE WITNESS r Well, okay, THE COURTr You may anawer the question. THE WITNESSr She naid probaply her hUsband, 20 and I aaid what is your husband'a name, and she said Gregg. 21 I said Gregg what? She said Gregg T. Irwin, and I aaid 22 what's the T. stand for, and she said Thomas. I said, well, 23 I think I have your husband at the Carlisle Hospital, and I 24 would like you to COllie pick him up. I gave her a basic 25 description of him, and she said that that is him. 16 .'<. ;', ,I d 1 So when I'lhe arrived lit tho hOl'lpital, inl'lt,19ad 2 of letting her wall( in ! wrote 1\ little thing on a p,l.ece of 3 paper that I, so and ao, Melody Irwin, do identify thil'l 1\ person al'l being my nusband, et cetera, and had her I'lign 5 that, I left her view him out of aight, III other Wordl'l, 6 loo~ in tho door from a dil'ltanoe, and I'lne I'laid, 'yel'l, that il'l 7 my hUl'lband, and I had her aign that 1'l0 that it Wal'l confirmed 8 that it Wal'l, in fact, Gregg T. Irwin. 9 At that time I ran -- or called county or 10 called lJommunicationl'l and had them run Mr. Irwin'l'l name, and 11 they advil'led me that Mr. Irwin wal'l driving I'lul'lf;lended, OUI 12 related, 13 14 15 ~y MR, KABUSKI MR, LAUSRI objection, irrelevant, THS COURT I SUl'ltained. 16 17 18 19 tel'ltimony. 20 Oid Mr. Irwin ever submit to the tel'lt? No, sir, he did not, MR. KABUSKI I thin~ that il'l all the Q A THE COURT I Crosl'l examination, Mr, Lauer, 21 MR. LAUSRI Than~ you, JUdge. 22 CROSS EXlIMINA'l'ION 23 BY MR, LAUSRI 24 Q NoW, I'lir, you I'law my client'l'l vehicle earlier 25 at the Three Pinel'l Barl isn't that trUe? 17 16 1\ lot, yell. 0 correct? 1\ 0 right? 1\ 0 1 li(jhtn thl.'lPl, conoct.~ 2 11 r could haVQ, l)\It r hadn't opaervlld your 3 4 5 G 7 8 feel that you had enough cause to atop him in the J3orough at 9 that time, correct? 10 A I had ellough oause if I could h~ve oaught up 11 to him, ),2 Q Oh, well, how far were you behind my olient' a 13 vehiole when you first observed it? 14 11 When I firat observed him he crossed right in 15 front of my vehicle, I was sitting at a red light waiting 16 17 18 19 20 21 22 23 follow hia vehiole, correct? 24 A As soon as the light changed, 25 Q Okay, How far did my client's vehicle cUellt to my rllltiafaction at thnt point in time, Q Po any moving violations, correct? 11 Speeding, yen, I hadn't even gotten olone enough to g<lt n good clock on him, Q So in the J3orough of Mt, Holly you didn't on the light to change, Q He did nothing illegal there, oorrect? 11 Other than he appeared to be speeding. Q Okay, You didn't pull out right away there, aotivate your lights, and stop him there, correct? A No, Q Okay. You pulled out immediately though to, 19 1 2 3 travel -- did you keep your eye on my client the entire time as his vehicle passed yoU? 1\ ! could see him for B limited point, and then he Wall pehind the puilding there, put I mean it wall qle same vehicle that had just passed in front of me, 4 5 6 Q you didn't pullout, activate your lights? I 7 mean you could see his vehicle in the Po rough of Nt, Holly, 6 correct? 9 1\ Well, he had quite some distance to go before 10 he got out of the porough, 11 Q Well, 11m talking in the porough, How far 12 were you l:lehind my client's vehicle when he was in the 13 Porough of Mt. Holly? 14 A When I pulled out ham the red light he was 15 appr6ximately one-tenth, mayl:le on the plus side, 16 Q Nayl:le a tenth of a mile, You had an eight 17 cylinder vehicle, you could have put the foot on the gas 16 pedal, hit your lights, and pulled his vehicle over in the 19 Borough of Nt, Holly, agree? 20 21 22 23 24 A No, Q You couldn't have done that? I A I doul:lt if he would have seen my lights. Q Okay, ijow, we have about a mile you are about a tenth of a mile behind my client's vehicle the 25 entire time going through the Borough of Mt, Holly? 20 1 f\ No, sil:. All I explained, when I I:ounded the 2 curves at the Holly Inn, he had already passed the looation 3 of the Peer Lodge and was about to oross the creek aridge, 4 whioh is about two-tqnths of a mile, 5 Q Qltay, So you really oouldn' t see that muoh 6 in the aorough of Mt, Holly then beoause of the distanoe 7 that trere was between your vehiole and his vehiole, agree? a 'A J;lxaotly. 9 Q altay, 10 'A Other than Imowing the faot that he was 11 sJ;leeding, 12 Q ~ight, Well, in faot, sir, you didn't do any 13 calibrating. You couldn't determine, in fact, how fast he 14 was going when he went by for that second or two, agree? 15 'A Agree. 16 Q All dght, 'And then you're about a mile to a 17 mile and a half outside your jurisdiction be~ore you 16 activate your lights, correct? 19 'A I would say about a m,ilEl. 20 Q Okay, How far were you behind my client's' 21 vehiole when he got right to the border of Mt, Holly going 22 into the next jurisdiotion? 23 'A I would say probably somewhere between one 24 and two-tenths of a mile. 25 Q Okay, You oould have activated your lights 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1~ 20 ,21 22 23 24 25 dght there in the aOrr.Jugh yourl'lelf and oaught up to him, agree? A Q A Q hill vehiole agree? I could have. /(ight, aut I wanted to observe. Oltay. So you wanted to oont inue to oPllerve even fllrther outl'lide of your jurisdiotion, A juril'ldiotion. follow him out stoJ;l, I don't understand thil'l outaide of my If I obaerve him in my jurisdiotion, I oan of my juril'ldiction, and I'ltill make a laWful Q Well, I understand that, My J;loint being is you could have aotivated your lights in your own jurisdiction to stoJ;l him in there, but you ohose not to do so? A I \'loa building my J;lrobable cause. Q Anq when you went outside of your jurisdiotion you were still pUilding your J;lropable oause uJ;l until the );Joint where you acd voted your lighta, ogre~? A Exaotly, Q Right. Why didn't you turn your lights and siren on when you Wer.e in your own j urisdiot ion 'when you were a tenth of a mile behind him? A BecaUse I didn't feel that I had sufficibnt 22 1 pro~abla cauua 2 0 to utop him'~ 3 ^ 1'1011, r could havo ntoppad him, but I didn't 4 havo su~~icient pro~able caUna or didn't have enough that I 5 ~olt to build a good ntrong cane on your client, 6 0 O)tay, So r just want to get it oorrect, We 7 haVEl it on the reoord, Whol} you wel'e in the aorough of Mt. 8 Holly you didn't ~Elel that you had su~~icient, good probable 9 oause to stop him there so you oontinued outside of your 10 jurisdiction, correot? 11 A That is correct, 12 o All right, Now, in the first mile through 13 the aorough of Mt, Holly his vehicle never crossed OVElr any 14 oenter dividing line in the aorougq itself, agree? 15 A No, r don't, 16 0 cuz you used the word appeared, That's 17 meaning you Weren't sure? 18 19 :20 21 22 23 24 25 A At the distance that t was behind your client - - 0 IUght, A - - in flat terrain with a curved road, it appeared that he had crossed over the center line at least twice, 0 Okay, A I did detect weaving. 23 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 o Ol<ay, Please jlwt answor my I'lpeoiEic quel'ltion. 'I'HE: COUR'!' I Mr, L,auer, h(~ clln explain his Let him finil'lh the quol'ltionl'l, anawera, ol<ay? OY MR, LAUE:I{ I o You can't any positively cJ:'osaed any center dividing line in the Holly, agree? A I can't say n hundred percent, no, o Ol<ay, A And r explained that I waan't cloae enough, o Right, Where are you aaying that my client suppoaedly croaaed the center line the first time? that he supposedly 130rough of Mt, A In the area of the Holly Inn, Q And how far were you behind him at that point? A I waa one-tenth of a mile, Q okay, A I had just turned onto South Baltimore Avenue, and it appeared that he waa acrosa the center line. 0 okay. Now, it was dark then, correct? A, Yes, 0 NoW, waa that on a curve or a straight road where trat occurred the first time? A It was on a curve, 24 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 "I 8 9 Q I\nd when you used the word apJ;leared, what did it apJ;lear a~ in time that his tire supJ;losedly orossed? A seoond or two seoonds that it cro.sed the center line? 1\ f'rom where I was at I would hllte to SIlY how far peoau/le Q No, not how far, How much in time, 1\ f'or what I could see, I don't )tnow, I\. second, two seconds, Q Then where was the looation that you say that it aJ;lpeared to have crossed the oenter line a second time? 1\ That was in the area of the Creek Bridge passed the Peer Lodge. Q How far were you pehind him at that time? A 1\J;lJ;lroximately two- tenths of a mile, and that's when I realized his speed was very excessive in a 35 mile an hour zone, Q Is your speedometer calibrated at that time? I\. No, it is not, Q Okay. And to olock the vehicle you need at least three-tenths of a mile, agree? A On a rolling, but I had the Vaacar Unit, but I couldn't get a focus point close enough to get an accurate cloc)t on him. I Q 1\.11 right. So you're two-tenths of a mile behind his vehicle, and you say it appeared that it may have 25 .. 1 crossed t he conte r line a second t ill1o, right? 2 Yes, and he was weaving on the highway, r A 3 did observe that, 4 Q Now, was this aro'und a curve where this 5 supposedly occurred the second time where it appeared to G have crossed the center line? 7 8 A Q Yes, J.t was. Okay, Now, no oncoming tx'affic at the time 9 where it supposedly -- where it appeared it crossed the 10 first time or the second time where it supposedly went over , 11 the center line, Agree? 12 13 14 15 16 A Q A Q No. No, that. there was 110 oncoming traffic? There was none, correct. NoW, in the Borough of Mt, Holly it never went over any whi te fog line or yellow fog line in the Borollgh of Mt, Holly, agree? A Other than what r perceived that r thought r had seen, no. r never got a good view of him. r was never close enough. r never closed a gap on him until he was 22 23 24 hour. 25 17 18 19 20 21 approaching the borough line, Q A Okay, And at that time r was running 65, 70 mile an Q oh, where were you traveling 70 milen an 26 , , I hour? Wore you tro1velin~ 70 IIIlles i1n hour nt tho loclltion 2 where he supposedly appeared to havo aroused the center line 3 the first time? 4 A No, I was traveling pr.obably 55, 5 0 Ol<ay, You weren' t 1n hot purfju1t at that.: 6 tillie, agr.ee? 7 A No, X wafln' t" I was jUllt trying to close the a gap, but norlllally -- 9 0 Ol<ay, ,10 A someone traveling the /3peed lindt, 20 mile II an our close/3 the gap pretty fa/3t, 12 0 Ol<ay, And you weren't in hot pur/3uit when 13 you went out/3ide of your juriSdiction, agree? 14 A Well, when 1'11I running 65, 70 mile an hour 15 trying to close the gap on /3olllebody, I'd say that it'/3 16 getting closer to that. 17 0 It's closer, but you weren't in hot lPursuit 16 g01ng outside of your jurisdiction, agree? 19 A I was /3till trying to clo/3e the gap, ao 0 I under/ltand you were trying to close the 21 gap, Yell or no, i/3n't it true that you were not in hot 22 pur/3uit going outside of the jurisdiction? 23 A No, I wa/3n' t, 24 0 All r.J.ght. Now 25 MR. KAl3USK I Your Honor, what's the relevance 27 1 2 ) 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ( of all thUJ.lll qllllf,lt.ionll? 'rum COUR'1'1 '1'01111I0, '1'01111I6, Mr, )"auer, Is t.he~'ll r01,wllllCO t.o unyt.hing t.hat YOll'l"O going into right now? Mil, Ll\UmRI 1'11.'111, I'III going to move off of that, Jlldge, I'll baclt off on that isf.luo of jurisdiction at thiJ.l point, '1'Ilm COUR'1' I \'Il~ll, I' III asJting you, If there is relevance to it I want. to hear it, MR, Ll\UmR, \'11.'111, we thought that it was relevant, Judge, and I feel that it wall relevant in that my client was stopped without any call1lO at all only becauae he saw his vehiole in that parking lot earlier ao he oontinued to follow hia vehicle. '1'HE COURT I MR, Ll\UER, THJ;l COUR'I', MR, Ll\UERI I'm aaking do YOll have oaae law? No. No case law, Judge. Okay, '1'hen let's move on. Yea, air, BY MR., Ll\UER., o Now, dealing with the driving, Once he went outside the jurisdiction of Mt. Holly, he never crossed -- let me back up I \'Ihen you first saw his vehicle - - you uaed the word weaving. He was weaving wit~in hia own lane? l\ Erratic weaving, yes, o \'Ias this a two lane divided highway? 28 1 2 3 1\ 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 fI YI~~ . Q ol(uy. " find it'~ wide, , Q find it's wide, ~ut other thon the two times that it appeared to have cros~ed the center line, it was just weaving within that lane? fI Until I got to the point where I could actually o~serve your client. Q There is no vehicle code violation for weaving within your own lane, agree? A No, I disagree. Q What is that violation? A rhat violation can also be a clue to the fact that someone is under the influence, Q Well, I'm dealing with a vehicle code violation, 'I A There is no violation, no, Q Okay, Now, when you continue to follow and observe the driver, which ie your reason for stopping him, what specifically did he do in that next mile outside of the aorough of Mt, Holly? A The driving was very erratic, from fog line to center line, I mean, he drove on the center line. He drove on the fog line. The four times that he crossed the fog line he was actually across the fog line by a foot or 29 1 ;2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two, Ilnd the fOllr .. or the two timea that he croaFJed the C61lter line he WIlS across the center lino by at lenot two to three feet, Q Thero Wdn no oncoming traffic at that time, agree? A No, air, there waa not, Q What Was the approximate distanoe from the first time that he crossed the center lino -- this is outside the jurisdiction of Mt, Holly -- until it occurred the /lecond time? A That I'm not sure, Q 00 you know the approximate distance from the second time to the third time? A As far as the fog line or the center line? Q The fog line, The fog line, A I don't know, I mean Until I got to the point where I could make a good observation I I followed him approximately another half a mile at the moot, Q So you dJ,dn' t activate your lights until you really had a good observation of the vehicle then, agree? A That is correct, Q Oid you see his license plate in the Borough of Mt, Holly? A YOll mean to read it? Q Yea, 30 1 A No, I'lir. 2 Q Now, il'lll' t it true whQn YOll atopped hil3 3 vehiole that he, in faot, got out of the vehicle right away? 4 A No, I'lir, it il'l not, 5 Q 'rhat' I'l not true, And you ul'led tne word tnat G ne craWled out of the vehiole, What do you mean by that? 7 You tel3tified to tnat on direot, 6 T\ >>13 got out, He Jdnd of I3lid Ollt and ldnd of 9 slid off the seat, 10 ,11 12 13 14 back to his onr he would have walked from your vehicle. 15 Your vehicle w~s direotly behind his, correot? 16 A That is correct. 17 Q He didn' t stagger when walkJ.ng tnere back to 16 tne area where the coordination teat waa going to be donel 19 isn't that true? 20 21 22 23 24 25 Q okay. So he didn't crawl on all fours or anything like that? A No, ne didr.' t , Q Then when he walJted from the police vehicle A He did, Q What do you mean by tnat, Iltaggered? A He staggered, He COUldn't walk a straight line, Q You never asked him if he had any physioal problems at that time, agree? 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 T\ No, air, o You nmvor nokmd him if he had any medioal problomo at that time, agree? T\ No, sir, o The "ON teot, you never naked him if he had any contacto in prior to giving him that test? A 'ies I I did, o What was his response? A I think hia responae was that he didn't, o okay, aaaically he wouldn't anawer any of your queations after you atopped him other than he wanted to know why he Waa loeing pulled over, agree? A That's correct, Q Did he ever use any foul language towarda you prior to arresting him? A No, sir. MR, LAUmRI The Court's indulgence, BY MR. LAUER I Q Juat a few queationa, After the >>ON teat you juat baaically didn't want to give him anymore coordination teats because you thought he was playing a game with you on that test? A I was aure he was playing a game on that teat, Q Are you trained in giving that test? 32 1 A Yes, /lir, 2 Q When you go on through that training to get 3 certified now are you certified by NWrSA or anyone? 4 A In the lION? 5 Q Yes, 6 A AI3 far al3 certification medically? 7 Q No, not medically. sy the Nat,tonal Highway 6 Traffic Safety Adminil3tration or the commonwealth of 9 Pennl3ylvania? 10 11 A Q I'm trained through them, yes, Okay, When you go througr that training, 12 il3n't it true that you have mock demonstrations where you 13 get people where you doni t know if they had peen drinking or 14 not or what their condit~on is on how to give the HON? 15 A Yel3, 16 Q Okay, when you go thr.ough that trainin~ 17 sometimes when you're giving those tests some people don't 16 follow thol3e inl3tructions in thol3e blind studies 130me of 19 thol3e people don't follow the instructions even when they 20 haven't been drinking, agree? 21 22 23 A Q I didn't experience that. Okay, M~, KABUSKI Objection, Your HOllor, to the ?4 possibility of what could happen in a training situation, 25 relevance. 33 34 1 'l'UJil C:OUI<'l'l We've already hea~'d it. I'll 2 overrule that. 3 MI<. I.,AUJilI<I I have no further questions of 4 this witness, Your Honor. 5 THlJ: COURT I I have one, Officer. I wasn't 6 olear. You said you didn't smell the odor of aloohol on him 7 when he first exited the vehicle. Did you at any time a during the course of the evening? 9 THJil WITNJilSSI Yes, I did. After I made Mr. 10 Irwin put his oigarette out there was a strong odor of 11 alcol/ol, Mr. Irwin's f.lyes, as I said, were extremely 12 ploodshot. He appeared to pe under the influenoe. 13 THE COURT, That's all I have. Mr. I.,auer, do 14 you have anything in response to that question? 15 MR. I.,AUSRI No, sir. 16 THJil COURT I ~ny redirect? 17 MR. RABUSKI No redirect, your Honor. I 18 think it's peen admitted, put once again I move for 19 ,admission-- 20 THJil COURT I It already has been admitted. 21 You may step down, Officer. Thank you. Mr. I.,auer, do you 22 have anything you would like to present? 23 MR. I.,AUSRI No, sir. 24 THE COURT I Mr. I.,auer, I can't imagine a more 25 stronger case for upholding a license suspension than the lone I've just seen here today. 2 MI<. I.,I\UJilI~, I hate to admit it., put I think 3 you're propaply right rJn that il'lsue. 'l'he only issue that I 4 Will propably be looking at is going to pe the 5 jurisdiotional issues, Judge. 6 THJil COUJ~TI Well, it's my call here right 7 now, po you have any authority to give me that says that an 8 offioer who sees a violation in his jurisdiotion can't 9 oontinue that pursuit to make sure that he aotually sees it? 10 MR. I.,AUJilR I I have not seen any cases, I 11 haven't seen any cases that say that if, in fact, he didn't 12 have jurisdiotion to stop him ... 13 'l'HF. COURT, Well, I'm going to find as a faot 14 in this case tl}at he did, in fact, have propable cause to 16 stop him .in the Borough if he wanted to. He saw him oross 16 the center line what appeared to pe twice. He saw him 17 weaving within his lane several times. So I'm going to give 18 him the propaple oause ther.e because I pelieve /:Ie had it. 19 What I'm asking you is does he lose anything 20 when he wants to bolster his case and follow him outside the 21 jurisdiotion for a period of time? If you got authority on 22 that, I'll be happy to look at it. 23 MR. I.,AUERI No. 24 THE COURT I Do you have any authority? 26 MR. RABUSKI Your Honor, in the refusal 35 " , 1 realm, for the purposes of the license suspension proceeding 2 for refusal to supmit, the legal.ity of the arrest is 3 immaterial. Wysocld at 536 1\. 2nd. 7? / and a case involving 4 a motorist who was stopped by a police officer outside the 6 officer's jurisdiction, and that is Weic/:ley, 690 A.2nd 576, 6 appeal denied 607 A.2nd 266. 7 THE COUI<TI I got 635 A.2nd. What's the cite 8 9 10 11 on that? 12 MR, KABUSRI 77. THE COURT 1 okay. And 598 A.2nd. is? MR. RA13USR, 'l'hat is the Weichey case. THE COURT 1 No, the page. I mean the page. MR. RI\BUSR/ oh, the page, 698 A.2nd. 575. Appeal denif.ld, 607 A.2d. 256, THE COURT I All right. I will enter this 13 14 15 16 order, " 17 (Whereupon, the following Order of Court was 18 entered I) 19 AND NOW, this 26th day of January, ].998, 20 after hearing on this matter, the Order of Court is that the , 21 Defendant's appeal from suspension of operator's privilege 22 is denied, and the Commonwealth of Pennsylvania, Department 23 of Transportation suspension of the license is affirmed. 24 (End of Order,) 25 THE COURT I Thank you, gentlemen. 36 1 2 3 4 5 6 7 o 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 !Whereupon, the proceedings oonoluded at 11122 a,m.) ,I 37 CIi1R'I'IF!CTI'l'ION r hsrepy certify that the prooeedings are contained fully and accurately in the notes talten Py me on the above oause and that this is a oorrect transcript of same. , / fd ~___M______________________MM_____ The foregoing reoord of the proceedings on the hearing of the within matter is herepy approved and direoted to be filed. ).leJ , 8" Date ..w~:, J, 38 liL ," (I: I I I \, ,I , I " i'