HomeMy WebLinkAbout10-4929JUL 2 9 2010 3
ASHLEY ROHM, : 1N THE COURT OF COMMON PLEAS OF
Appellant :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. /// ~~~ ~ ~l~i l
COMMONWEALTH OF PENNSYLVANIA, : Appeal of Operator's License Suspension
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
a~ 2010 u on consideration of
AND NOW this day of p
the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a
hearing shall be held regarding this matter at on the / y 'day of ~ at
.3,Df ~
~' a.m. in Courtroom No. ~ of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that
this honorable court resolves this appeal. c r o '~_~;
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BY THE COURT: v t;'
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PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center,
/ Harrisburg, PA 17104
Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011
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ASHiLEY ROHM, IN THE COURT OF COMMON
Petitioner PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
V.
COMMONWEALTH OF PENNSYLVANIA, NO. 4929 CIVIL 2010
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
CU_,
MOTION FOR CONTINUANCE s _s91
NOW COMES, Respondent, the Commonwealth of Pennsylvania, Department of
Transportation (the "Department"), moves for a continuance as follows:
1. The above captioned matter is scheduled for a hearing on September 14, 2010, at 9:30
a.m. in Courtroom No. 3 of the Cumberland County Courthouse.
2. The petitioning party for the hearing, Ashley Rohm, is represented by Patrick F.
Lauer, Jr., Esquire.
3. The responding party, the Department, is represented by Philip M. Bricknell.
4. A continuance is requested because witness for the Department, Police Officer
Antanine Klinger, is unable to attend the hearing on September 14, 2010 due to an unavoidable
schedule conflict.
5. Officer Klinger will be available for a hearing of Ashley Rohm's appeal during the
last two weeks of September 2010 and thereafter.
6. Mr. Lauer has been notified of this motion and has no objection to the continuance
requested. Ms. Rohm's operating privilege has been restored pending appeal.
Date: September 10, 2010
/ Respectfully submitted,
c /-
Philip M. Bricknell
Pennsylvania Department of
Transportation
Office of Chief Counsel
1 101 South Front Street, 3rd Floor
Harrisburg, PA 17104-2516
(717) 787-2830
I.D. no. 88330
VERIFICATION
I, Philip M. Bricknell, verify that the facts contained in the foregoing document are true
and correct. I understand that false statements herein made are subject to the penalties of 18
Pa.C.S.A. §4904, relating to unsworn falsification to authorities.
Date: September 10, 2010 _
Philip M. Bricknell
CERTIFICATE OF SERVICE
I, Philip M. Bricknell, certify that on this date, I caused a copy of Respondent's Motion
for Continuance to be served by first class mail, postage pre-paid on Petitioner's Attorney of
record at the following address:
Patrick F. Lauer, Jr., Esq.
2108 Market Street
Camp Hill, PA 17011
C?
Date: September 10, 2010
Philip M. Bricknell
Counsel for Respondent
SEP
ASHLEY ROHM, IN THE COURT OF COMMON
Petitioner PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
V.
COMMONWEALTH OF PENNSYLVANIA, NO. 4929 CIVIL 2010
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent ca
-0 L70
M`-b
ORDER
AND NOW, this 43 day of upon
consideration of the Department's Motion to Continue, the Motion is hereby GRANTED, and
the Matter is Continued and rescheduled for hearing on th day of 2010 at 1-. 261m. in Courtroom No. 3, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT
J.
DISTRIBUTION:
,4atrick F. Lauer, Jr., Esq., 2108 Market Street, Camp Hill, PA 17011
/Philip Bricknell, Esq., PennDOT, Riverfront Office Center-3rd Floor, 1 101 South Front Street,
Harrisburg, PA 17104-2516
1
ASHLEY ROHM, IN THE COURT OF COMMON PLEAS OF
Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 4929 CIVIL 2010
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING, APPEAL FROM SUSPENSION OF
Respondent OPERATING PRIVILEGES
ORDER OF COURT
AND NOW, this 8th day of November, 2010 after
hearing, we find that the officer had reasonable suspicion to
believe that the Petitioner was driving under the influence of
alcohol, and we further find that she refused to give a sample
of her breath or blood. Her appeal is DISMISSED, and the action
of the Department in suspending her license is affirmed.
X trick. F. Lauer, Jr., Esquire
For the Petitioner
Philip Bricknell, Esquire
For the Respondent
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By the Court,
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ASHLEY ROHM, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
NO. 4929 CIVIL 2010
APPEAL FROM SUSPENSION OF
OPERATING PRIVILEGES
TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE EDWARD E. GUIDO, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Monday, November 8, 2010,
Courtroom No. 3
APPEARANCES:
PATRICK F. LAUER, JR., Esquire
For the Petitioner
PHILIP BRICKNELL, Esquire
For the Respondent
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ORIGINAL
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INDEX TO WITNESS
Antanina M. Klinger
FOR THE COMMONWEALTH
INDEX TO EXHIBITS
1 - Certified records from
PennDOT
2 - DVD
CT CROSS
6 18
IDENTIFIED ADMITTED
3 17
17 17
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1 THE COURT: Good morning. Ashley Rohm appeal
2 from license suspension.
3 MR. BRICKNELL: Good morning, Your Honor. As
4 the Court knows, the Department has the burden of proof in
5 showing that what it did in regard to suspending Ms. Rohm's
6 license was correct under the Vehicle Code.
7 In this case, to begin with, we have the
8 Department certified records, which have been marked as
9 Commonwealth's Exhibit 1, and handed up to the Court, and a
10 copy has been given to opposing counsel. Just to talk
11 through these documents, Your Honor, the first page is
12 simply a certification and attestation page that lists the
13 documents that are included in the package and certifies
14 that they're true and correct copies.
15 After the first page, the first document is a
16 three-page notice of suspension that the Department sent to
17 Ms. Rohm, and its mail date is July 5, 2010. This notice
18 informs her that the Department is suspending her license or
19 operating privilege for 18 months. That's under Section
20 1547 (b) (1) (ii) of the Vehicle Code.
21 The second document is the one-page form
22 DL-26. This is the notice the Department received from
23 Officer Klinger of the Carlisle Police, and it's dated
24 June 19, 2010. This is the notice informing the Department
25 that Ashley Rohm refused to submit to chemical testing on
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1 that date, and it's signed at the bottom by Officer Klinger.
2 The third document is another three-page
3 notice of suspension. This one is dated August 21st, 2007,
4 and this is addressed to Ms. Rohm. This informs her that
5 her operating privilege is going to be suspended -- or was
6 to be suspended for a period of one year under Section
7 3804 (e) (2) (i) . This is the reason for the 18-month
8 suspension here. Under the Vehicle Code, if a driver who
9 has a previous DUI conviction is stopped and arrested for
10 DUI and asked to submit and refuses to submit to testing,
11 they get 18 months instead of the usual year for a chemical
12 test refusal.
13 After that three-page notice, there is a one-
14 page form DL-21. This is in relation to that previous DUI
15 conviction. About the middle of the page, there's a box
16 entitled Violation Information. You can see that the
17 violation there occurred on the 1st of January of 2007,
18 and it was a violation of the highest level, so that was a
19 3802(c) violation of the DUI law.
20 The next document is a form DL-21A. This
21 informed the Department that Ms. Rohm had accepted ARD,
22 DUI-related, on July 13th of 2007, and that was following a
23 September 17th, 2006, arrest for DUI. This DUI was at the
24 high rate, so a 3802(b) violation of the DUI law.
25 Then finally, Your Honor, we have a certified
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1 copy of Ms. Rohm's driving record. The first said list of
2 violations on Page 2 of that driving record are simply
3 speeding tickets. The second page we have the two preceding
4 DUI issues. The first one, I believe, was an ARD
5 acceptance, so there was no action as far as suspension on
6 the part of the Department there. The third or the next one
7 was the January 1st, 2007. Then turning to Page 4, the last
8 entry on Ms. Rohm's record is the June 19th, 2010, chemical
9 test refusal, which is the subject of today's appeal.
10 Ms. Rohm asserts three reasons why she should
11 not have her license suspended in her July 22nd appeal. The
12 first one is that she denies that she refused to submit to
13 chemical testing. The second is that the police officer,
14 Officer Klinger, lacked a reasonable suspension to believe
15 she was under the influence of alcohol. The third one is
16 that her actions did not constitute a refusal. The
17 Department has the burden, and to meet that burden it would
18 like to call Officer Klinger.
19 THE COURT: Mr. Lauer, I'm not sure of the
20 difference between No. 1 and 3.
21 MR. LAUER: Only in that -- there really
22 isn't, Judge. They're basically the same.
23 THE COURT: Good enough.
24 MR. BRICKNELL: At this point, the Department
25 would like to call Officer Klinger to the stand.
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1 ANTANINA M. KLINGER
2 having been duly sworn, testified as follows:
3 DIRECT EXAMINATION
4 BY MR. BRICKNELL:
5 Q Good morning, Officer Klinger.
6 A Good morning.
7 Q Could you please state your full name and
8 spell your last name for the record.
9 A My name is Antanina Marie Klinger,
10 K-1-i-n-g-e-r.
11 Q Who is your employer?
12 A Carlisle Borough Police Department.
13 Q How long have you been employed by the
14 Carlisle Borough Police Department?
15 A A little over two and a half years.
16 Q What are your responsibilities and duties
17 with the Carlisle Police?
18 A Regular patrol duties, traffic, arresting
19 criminals.
20 Q Thank you. Were you employed on June 19th,
21 2010? Were you working for the Department that night?
22 A Yes, sir.
23 Q What were you doing that night?
24 A Patrol duties.
25 Q During your work on that evening, June 19th,
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1 did you come in contact with the appellant here, Ms. Rohm?
2 A Yes, sir.
3 Q Do you see her here today?
4 A Yes, sir. She's sitting right there next to
5 Mr. Lauer in a white sweater.
6 Q Thank you. How did you come in contact with
7 Ms. Rohm?
8 A I was on patrol, and I happened to see, to my
9 left, a gray Honda Civic stopped at the corner of Church
10 Avenue and South Hanover Street. At that particular time, I
11 noticed that the car had no headlights on, and it was 10:09
12 at night. At that time, you know, you should be having on
13 headlights, so that is the first thing that I noticed.
14 Secondly, there was no turn signal being
15 used, and the young lady behind the wheel was looking down.
16 I was going northbound on North Hanover Street, and I
17 continued to watch her, as I passed her, in my rearview
18 mirror. I watched as she made a left turn from Church
19 Avenue onto South Hanover Street, and there's a sign there
20 on Church Avenue that clearly states right turn only. She
21 still did not have on her headlights, and she did not use a
22 turn signal.
23 Q What did you do after you saw her make that
24 left turn?
25 A I waited for the light to turn green, and I
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1 initiated my lights and siren. She immediately pulled over
2 to the right side on the first block of North Hanover
3 Street.
4 Q Did you approach the vehicle at that point?
5 A Yes, I did.
6 Q What happened when you got next to vehicle?
7 A I went to the window, and I introduced myself
8 and informed the driver of why I was pulling her over. She
9 looked at me and then proceeded to tell me that she was lost
10 and that she needed to find E Street to pick up her niece.
11 I informed her she wasn't that far from the area, but that
12 since I pulled her over I would need her license,
13 registration and insurance.
14 Q Could you describe to us what happened when
15 you asked her for those documents?
16 A She immediately pulled out her Pa. I.D. only
17 license -- or card. It was labeled Pa. I.D. only. I ran it
18 to make sure that she actually had a license, because most
19 people who only have an I.D. card only have an I.D. card.
20 They don't usually have a good license. But it turned out
21 that she did have a good license. At that point, she only
22 had her I.D. card and not her valid license, which was fine
23 to me as long as she still had a license.
24 Q So, you found out she a valid license?
25 A Yes.
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1 Q What did you do then?
2 A She kept repeating that she needed to find
3 E Street because she needed to pick up her niece, and I had
4 to complete my request continuously for the rest of her
5 documentation, meaning her registration and her insurance.
6 Q Did she eventually get you those documents?
7 A No, she did not.
8 Q You said you kept on talking with her. What
9 was the nature of your interaction with --
10 A I just kept saying, well, okay, I understand
11 that you're lost, but I need the rest of your information.
12 I need your documentation, your registration and your
13 insurance. She seemed confused by my request. Then she
14 went over to the glove compartment and started to search for
15 the documentation as I asked. She sifted through a pile of
16 paperwork indicating that she had bought the car, just
17 bought it, and didn't know -- didn't understand what I
18 needed.
19 I was able to detect the smell of an
20 alcoholic beverage emanating from her as she spoke. I asked
21 if she had been drinking, and she denied drinking.
22 Q So, now, having noticed the smell of alcohol,
23 what did you do in response to that?
24 A Well, once I finally got the paperwork that I
25 asked for -- I guess I did get the paperwork, I'm sorry --
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1 I continued to engage her in conversation, and then finally
2 asked her to step out of the car so I could do some testing.
3 Q What type of testing were you doing?
4 A I was going to do standard field sobriety
5 tests, and that's what I asked her to get out of the car to
6 do.
7 Q What was the first test you did?
8 A I looked at her eyes, which is the horizontal
9 gaze nystagmus test. Basically, all that does is give you
10 an indicator as to whether or not somebody has been
11 drinking.
12 MR. LAUER: Judge, I'm going to object.
13 THE COURT: Sustained.
14 MR. BRICKNELL: Your Honor, what was the
15 objection?
16 MR. LAUER: Objection as to the HGN, Judge,
17 as to the validity to have a probable cause.
18 MR. BRICKNELL: Your Honor, if I could just
19 ask the Court's indulgence. Our position is that the HGN
20 test isn't being offered for the truth of whether she was
21 drunk or not. It's just simply being offered as a tool used
22 by Officer Klinger to ascertain whether there was alcohol
23 used. It's just to go to her reasonable belief.
24 THE COURT: Unless you can lay a groundwork
25 as to the validity of the HGN test. I mean, she could say
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1 that she saw her hair was red and that gave rise to a
2 suspicion that she was drunk.
3 MR. BRICKNELL: If I could ask a few
4 questions of the officer.
5 THE COURT: I don't think the officer can lay
6 that validity. I think the cases are clear that you need an
7 ophthalmologist.
8 MR. BRICKNELL: On the criminal side of the
9 law, yes, Your Honor, when it goes to the actual truth of
10 whether she was drunk. On the civil side, the case law is
11 generally things like hearsay and HGN tests and PBT tests
12 come in simply because it goes to the officer's reasonable
13 belief, not to the actual truth that the driver was drunk or
14 not.
15 THE COURT: You can move on. Objection
16 sustained.
17 BY MR. BRICKNELL:
18 Q Moving on from the HGN test. Did you do any
19 other field sobriety tests?
20 A Yes, I did. I showed her how to do the
21 one-leg stand test. I asked her if she had any questions or
22 any injuries that would prevent her from being able to do
23 the test, and she said no. She failed. At the point when
24 she started the test, she failed to count out loud, lost her
25 count, put her foot down, and then stopped doing the test
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1 altogether, asking even if I could do the test, meaning if I
2 could do the test as an officer.
3 Q So, her performance on that test indicated
4 what to you?
5 A That she failed the test.
6 Q And that means?
7 A That she was unable to do the test adequately
8 and pass it.
9 Q If somebody doesn't pass the test, what does
10 that say about any --
11 A It's an indicator. It doesn't necessarily
12 mean that she was too drunk. That' s why we try to use all
13 of the tests. It's an indicator th at she was not able to do
14 -- that she was too drunk to do it.
15 Q What other tests did you do after the
16 walk-and-turn test?
17 A She wouldn't do any of the other tests. She
18 started to ar gue and say, I just wa nted to find E Street,
19 and said she was lost because she w as from Newville.
20 Q So, you weren't able to give her any other
21 tests?
22 A No.
23 Q What happened then, based on what you had
24 observed?
25 A I continually asked if she had been drinking.
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1 She denied drinking to me and the other officer that was
2 present. I asked her to do the PBT test, and she refused to
3 do that. I asked her, you know, if she would do it, because
4 I wanted to see if her claims of not drinking could possibly
5 be true. I was going to just use the PBT as a base as to,
6 you know, what she was saying. I thought if she was on
7 medication, this could cause her to be unsteady on her feet,
8 as I saw her; and that the blood sample I would ask for
9 would show the results of whatever medication she claimed to
10 be on.
11 Q You mentioned she was unsteady on her feet.
12 You hadn't mentioned that before. Did you see anything
13 else, and could you describe what you saw that indicated
14 that you thought she was under the influence of alcohol?
15 A The smell of the alcoholic beverage, her
16 unsteady gait, her inability to be able to --
17 THE COURT: Excuse me. When did you observe
18 the unsteady gait?
19 THE WITNESS: The entire time for the SFST,
20 as she walked out of the car, Your Honor.
21 BY MR. BRICKNELL:
22 Q You said when she got out of the car, during
23 that entire time. Was there anything else? For example,
24 what was the nature of her conversation with you?
25 A She was belligerent, combative. She didn't
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1 want to engage me in any way. She just wanted to go to
2 E Street to be with her niece. That's what she needed to
3 do. Why was I bothering her. She hadn't been drinking.
4 She continually said she needed to go be with her niece, why
5 did I pull her over. So, as I said, I gave her the PBT, and
6 it indicated she did have alcohol in her system. I put her
7 under arrest.
8 THE COURT: Did she consent to the PBT?
9 THE WITNESS: Yes. Eventually, yes.
10 THE COURT: What were the results?
11 THE WITNESS: .223.
12 BY MR. BRICKNELL:
13 Q So, based on all of that that had happened
14 that you observed and the test results of the tests that she
15 did agree to, what did you conclude?
16 A Well, once it was determined that there was
17 alcohol in her system, I decided her failure of her other
18 tests, her inability to stay focused, the fact that she had
19 been unable to get her paperwork after being asked
20 repeatedly, and her traffic offenses proved she was not able
21 to operate her car safely on the roadway.
22 Q Once you reached that conclusion, what did
23 you do?
24 A I placed her under arrest. Well, another
25 officer placed her in handcuffs.
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1 Q But she was arrested?
2 A Yes.
3 Q Following her arrest, what happened?
4 A Well, we took her to CCP, Cumberland County
5 Prison, for processing, as we do any other DUI.
6 Q Did she go along willingly?
7 A No. She had to be forced into the back of
8 the cruiser.
9 Q When you say forced, what happened?
10 A I know that she had to be -- I do believe --
11 I didn't see it -- I know I heard it, and I know Ms. Rohm
12 was yelling about it -- that Officer Mace pulled her hair
13 and forced her into the car.
14 Q So, she fought against getting into the car?
15 A Yes.
16 MR. LAUER: Objection as to fighting against
17 getting in t he car. She never testified to that. That was
18 a leading question, Judge.
19 THE COURT: Overruled.
20 BY MR. BRICKNELL:
21 Q So, she was in the car. You mentioned
22 earlier you took her to --
23 A Cumberland County Prison.
24 Q Okay. What happened when you got to the
25 prison?
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A She continued to be belligerent, and yelling
on the way there that she wasn't read her Miranda rights,
she wanted a lawyer, she wanted her Miranda rights, that
that was her right. I just let her go. I didn't say
anything to her.
Q So, you didn't argue with her in the car?
A I just said that I'm not giving you your
Miranda rights. There was no reason to give her her Miranda
rights. But at that point, Ms. Rohm didn't want to hear any
of that.
MR. BRICKNELL: Your Honor, we do have a
recording of the processing of Ms. Rohm at the prison.
BY MR. BRICKNELL:
Q Officer Klinger, have you seen this
recording?
A Yes, I have.
Q Does it accurately represent what happened
that evening at the processing center?
A Very.
MR. BRICKNELL: Opposing counsel has seen it,
as well, Your Honor. At this point, I would like to show it
to the Court.
THE COURT: Is that marked as Exhibit 2?
MR. BRICKNELL: It will be.
THE COURT: You've seen it, Mr. Lauer?
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MR. LAUER: Yes, sir.
THE COURT: Any objection to the admission of
Exhibit 1, being the certified record, or 2, being the
video?
MR. LAUER: No, sir.
THE COURT: It's admitted. We'll take a look
at it.
MR. BRICKNELL: That would be Commonwealth's
Exhibit 2.
(Commonwealth's Exhibit 2 was shown.)
MR. BRICKNELL: If I could just approach the
witness, Your Honor?
THE COURT: You may.
BY MR. BRICKNELL:
Q Officer Klinger, I'm handing you a document
that's included in the previously admitted document set, and
this is a copy of the form DL-21. I just want to verify
that that's Officer Klinger's signature at the bottom. Is
that the case?
A Yes.
Q Did you read all four of the paragraphs, the
warning paragraphs?
A Yes, I did.
MR. BRICKNELL: No further questions, Your
Honor.
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THE COURT: Mr. Lauer.
CROSS-EXAMINATION
BY MR. LAUER:
Q Ma'am, you testified that you actually did
not put the handcuffs on Ashley, correct?
A Yes.
Q Who was that that did that?
A Officer Mace.
Q In the video you reference in there that
Officer Mace would be required to fill out an incident
report regarding force that was used.
A Yes.
Q Did you fill out a report in regards to that,
as well?
A Negative.
Q Have you ever even seen a report filled out
by Officer Mace?
A No.
Q Do you, in fact, even know if a report was
filed?
A Yes.
Q How do you know that?
A Because I know Officer Mace does his job, and
I know that he had to turn it in to the sergeant that was on
duty, because it's required policy that if you use any sort
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1 of force you have to do a force report.
2 Q Did Officer Mace ever tell you that he did
3 fill out a report?
4 A Yes.
5 Q Now, to be fair here, you stopped Ashley.
6 Then after you stopped her, she was at the scene with you
7 for about five minutes before Officer Mace showed up,
8 correct?
9 A Yes.
10 Q Now, in that five minutes, she's standing
11 outside of her car with you, correct?
12 A She could have been. I don't know.
13 Q Prior to Officer Mace getting there, Ashley
14 gave you no problems, she was not belligerent with you?
15 A Yes, she was.
16 Q Prior to Officer Mace getting there?
17 A Yes, she was.
18 Q What did she do that was belligerent to you
19 when she's outside of her car before Officer Mace got there?
20 A She was completely -- she was repeating
21 herself that she did not want to do what I was asking her to
22 do, she didn't understand why I pulled her over. She wanted
23 to go to her niece's on E Street. All she wanted to do was
24 go to her niece's on E Street. She did not want to
25 participate in anything that I asked her to do.
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THE COURT: How do her actions at the scene
compare to her actions on the tape?
THE WITNESS: It was building, and that was
the culmination of the entire event.
BY MR. LAUER:
Q I know you say she says basically she doesn't
want to do a field sobriety test, correct?
A Correct.
Q A person has a right not to do that, correct?
A That's correct.
Q That would not mean a person is belligerent,
correct?
A Her actions at --
Q Back to the question. I say I don't want to
do a field sobriety test. You want me to do one. I don't
want to do it. That doesn't mean I' m belligerent, right?
A If you say so.
Q Well, you agree with me, right?
A Not necessarily.
Q What did she verbally say to you that was --
A Sir, you --
Q Excuse me. What did she verbally say to you
that was derogatory towards you as a police officer?
A Verbally, nothing.
MR. BRICKNELL: I'm going to object to that
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question, Your Honor. That's putting words into the
witness' mouth.
THE COURT: Well, it is cross-examination;
but she was talking with the attitude, not the language
necessarily, Mr. Lauer, so let's move on.
BY MR. LAUER:
Q Jut from a reference standpoint, she didn't
physically do anything to you at the scene?
A No.
Q When she was looking for the registration and
insurance paperwork at one point in time, you just told her
to forget looking for it and get out of the car, correct?
A No, I did not.
Q You never told her that?
A No.
Q Did you ever get those documents?
A Yes, I did.
Q Now, she got that from the glove box,
correct?
A Yes.
Q That was prior to Officer Mace getting there,
correct?
A As far as I can remember.
Q What was the time of the stop in this case?
A I do believe it was 22:09. It was 22:09.
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Q What time do you recall officer Mace getting
there, approximately?
A I don't know.
Q Could it have been 10 minutes after that?
A It could have been.
Q Could it have been 15 minutes after that?
A It could have been.
Q Okay. Now, I noticed when you were
testifying here today on the witness stand you were
referencing some documents when you were testifying,
correct?
A Yes.
Q I take it you looked at those to refresh your
recollection here today, as well, correct?
A Yes.
MR. LAUER: Your Honor, can I approach the
witness and at least look at those documents since she's
looked at them?
MR. BRICKNELL: No objection, Your Honor.
BY MR. LAUER:
Q Now, she told you that, in fact, this was a
vehicle that she just purchased, correct?
A Yes.
Q And you understood her clearly when she said
that, correct?
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A Yes.
Q In fact, the whole time that you were there
with her there was no slurred speech, correct?
A I don't believe there was.
Q In fact, her eyes were not bloodshot,
correct?
A They were watery.
Q So, the answer to the question is, no, they
were not bloodshot?
A No, they were not bloodshot.
Q And they were not glassy, correct?
A Yes, they were.
Q She was also crying, correct?
A Crying, no. Upset, yes.
Q Now, looking at the video, she's very red.
She also told you she was out in the sun all that day and
she was sunburned, correct?
A I don't recall.
Q So, she could have told you that, you just
don't recall?
A Correct.
Q Was she or not sunburned?
A I don't remember. She was upset. She could
clearly be red from being upset.
Q Well, the video shows her chest being very
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1 red. Did you see that?
2 A I didn't pay attention to her chest.
3 Q Well, when you looked at her that night, did
4 you pay atten tion to her chest?
5 A No, I did not.
6 Q What she was wearing there was the same thing
7 she had on at the scene, correct?
8 A Yes.
9 Q When she got out of the vehicle, she didn't
10 lean against the car for balance, correct?
11 A I don't know.
12 Q Did you ever write a report out saying that
13 she leaned ag ainst the car when she got out?
14 A On the report I did not write that.
15 Q In fact, that did not happen, correct?
16 A I don't know.
17 Q In fact, she got out of the vehicle with no
18 problems at a ll, correct?
19 A I don't know.
20 Q Now, also, you had her walk to the rear of
21 the vehicle?
22 A I had her walk around to the rear to the
23 sidewalk so s he would not get hit by a car.
24 Q And she did that. She didn't lean against
25 the car, corr ect?
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A Not to my recollection.
Q She didn't lose her balance walking back
there, correct?
A She was not steady, but she walked fine.
Q So, she did walk fine and did not lose her
balance, correct?
A She didn't fall down.
Q The question was, she didn't lose her balance
walking back there, correct?
THE COURT: She has answered the question,
Mr. Lauer.
BY MR. LAUER:
Q In fact, she showed no signs she was impaired
from alcohol by the way she walked to the side of the
vehicle and around the vehicle, correct?
A Again, I don't know.
MR. BRICKNELL: Objection, Your Honor.
THE COURT: Overruled.
BY MR. LAUER:
Q Isn't that true?
A I don't know.
THE COURT: When did you observe the unsteady
gait?
THE WITNESS: As she was doing the
walk-and-turn and as she was just standing there and not
25
1 able to do any of the testing.
2 THE COURT: As she walked around the vehicle,
3 was the gait steady or unsteady?
4 THE WITNESS: At this point, Your Honor, I
5 don't really remember.
6 THE COURT: Good enough.
7 BY MR. LAUER:
8 Q In fact, she didn't even do a walk-and-turn,
9 correct?
10 A She did one of the tests.
11 Q Well, you can't testify here today that she
12 even did a walk-and-turn at all, correct?
13 THE COURT: You've got her report sitting
14 there, Mr. Lauer.
15 MR. LAUER: Well, Judge, I think this is fair
16 cross-examination. It goes to her recollection of the
17 events, Judge. She's looked at it prior to coming in. It
18 goes to her recollection and observations.
19 THE WITNESS: I do believe she lost count,
20 and I do believe she also was unable to finish the test, if
21 that is in my report.
22 BY MR. LAUER:
23 Q You looked at this report a couple of minutes
24 ago, correct?
25 A Yes, sir.
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Q Do you know for a fact that that's in this
report that she didn't count?
A Yes, I do.
Q Okay. Now --
A You're looking at it. You tell me.
Q Now, you're trained on how to give the
standardized field sobriety tests, correct?
A Yes.
Q How many clues can you get on a walk-and-turn
and still pass it?
A I don't remember.
Q Well, you've gone through --
A This is not a trial for DUI. This is to say
whether or not I had reason to believe she was DUI.
THE COURT: Hold on. Stop. Don't argue with
the lawyer. Answer the questions. If an objection is made,
I'll rule upon it.
BY MR. LAUER:
Q Now, ma'am, you're trained in standardized
field sobriety tests, correct?
THE COURT: She has answered that, Mr. Lauer.
BY MR. LAUER:
Q How many clues can you get on a --
THE COURT: She has answered that, Mr. Lauer.
She said she doesn't know.
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1 MR. LAUER: Oh, she doesn't know. I didn't
2 hear that.
3 BY MR. LAUER:
4 Q How many clues can you get on a one-leg stand
5 and still pass the test?
6 A I don't know.
7 MR. BRICKNELL: Objection, Your Honor. Mr.
8 Lauer is just badgering the witness at this point.
9 THE COURT: Move on, Mr. Lauer. She answered
10 the question.
11 BY MR. LAUER:
12 Q One of the things that you're using to come
13 to the opinion that she is supposedly impaired is the field
14 sobriety test, correct?
15 A Yes.
16 Q But you don't even know how many clues you
17 can get and st ill pass it, right?
18 A Okay.
19 Q Well, you agree with that, right?
20 A Right.
21 Q In this case, one of the things we're arguing
22 about is your reasonable suspicion, right?
23 A I already gave my reasonable suspicion on
24 direct.
25 Q When did you call in the other officer?
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1 A I didn't. He showed up when I was on the
2 side of the road.
3 Q Was she present when you gave the
4 standardized field sobriety test?
5 A I believe he was.
6 Q Do you know for sure if he was?
7 A No, I do not.
8 Q Now, Ashley, when she's standing o ut there on
9 the standard field sobriety tests, you didn't sta nd on one
10 leg to show her the test, correct?
11 A Yes, I did.
12 Q How long did you stand on one leg for?
13 A I didn't do the one-leg stand. I did the
14 walk-and-tur n.
15 Q Oh, so you didn't demon strate the one-leg
16 stand?
17 A
18 Q
19 A
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She wouldn't do it.
The question was, you didn't demonstrate?
I don't remember.
THE COURT: I thought that --
THE WITNESS: The only one she did was the
n. She would not do the one-leg stand.
THE COURT: Ma'am, when I'm talking, you are
You are to stop, and you are to respond to me.
THE WITNESS: I apologize.
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1 THE COURT: I thought you testified that you
2 gave her the one-legged stand and she wouldn't do the
3 walk-and-turn .
4 THE WITNESS: I apologize. I know she did
5 one of them a nd was not able to complete it.
6 THE COURT: I understand. You're saying that
7 without your report you can't remember what went on that
8 night?
9 THE WITNESS: Correct. Yes, Your Honor.
10 THE COURT: I understand that. Mr. Lauer,
11 give her her report back.
12 BY MR. LAUER:
13 Q So, your recollection --
14 THE COURT: Mr. Lauer, give her her report
15 back.
16 BY MR. LAUER:
17 Q Now, I gave you this report back. You looked
18 at this report prior to testifying today, correct?
19 A Yes.
20 Q You, as an officer, come prepared for court,
21 correct?
22 A Yes.
23 Q It's not really that difficult as to what you
24 gave or didn' t give. So, what you're telling me is when you
25 testified on direct you looked at that report as to what she
30
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1 supposedly did or did not do, correct?
2 A Yes, sir.
3 Q Then after you were done doing that, I asked
4 to see the report. Then after I had the report in my hand,
5 no more than five minutes after you testified, you can't
6 remember what was even in the report, right?
7 A Correct.
8 THE COURT: Mr. Lauer, in case you weren't
9 paying attent ion, I was sitting right here.
10 MR. LAUER: I understand.
11 THE COURT: You can save the dramatics for
12 your closing argument, sir.
13 BY MR. LAUER:
14 Q What was she wearing that night?
15 A According to that video, it looked like a
16 tank top and flip flops.
17 Q Did she ever take the flip flops off at the
18 scene?
19 A No.
20 Q Prior to the one test of which you don't know
21 she did, did you tell her she could take them off to do that
22 test?
23 A No, I did not.
24 Q Now, just to be fair, the video clearly shows
25 that this woman has some bruises or cuts or some kind of
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1 abrasions on both of her knees, correct?
2 A I guess. I don't know.
3 Q Well, you just saw the video. Did you see
4 that or not?
5 A No, I did not.
6 Q Did you look at the video?
7 A I looked at her face.
8 Q When you and I were standing back here with
9 the PennDOT attorney, you were looking at it from five feet
10 away, correc t?
11 A I wasn't looking at her knees.
12 Q When she was sitting on the chair, you
13 didn't --
14 MR. BRICKNELL: Your Honor, Mr. Lauer is
15 badgering the witness again. He has asked the question, and
16 she has answered it.
17 THE COURT: I agree. Mr. Lauer, move on.
18 Mr. Lauer, how much more do you have?
19 MR. LAUER: I beg your pardon?
20 THE COURT: How much more do you have?
21 MR. LAUER: Not a whole lot, Judge.
22 THE COURT: How much is not a whole lot in
23 minutes?
24 MR. LAUER: Ten minutes, probably.
25 THE COURT: Then we'll take a recess and do
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1 the next case. Then we'll finish this one up.
2 MR. LAUER: Yes, sir.
3 (A recess was taken.)
4 (ANTANINA M. KLINGER resumed the stand.)
5 THE COURT: Officer, you are still under
6 oath.
7 THE WITNESS: Yes, sir.
8 CROSS-EXAMINATION (Cont'd.)
9 BY MR. LAUER:
10 Q Ma'am, we have taken a break for about an
11 hour. I take it you've looked at that report again over the
12 last 45 minutes?
13 A Yes.
14 Q Can I take a look at that, please?
15 A No. I would rather keep it with me.
16 MR. LAUER: I'm asking the judge. Can I take
17 a look at the report, Your Honor?
18 THE COURT: Let's take a recess. Make him a
19 copy.
20 (A recess was taken.)
21 THE COURT: Mr. Lauer.
22 MR. LAUER: Thank you, Your Honor.
23 BY MR. LAUER:
24 Q Ma'am, on the PBT test -- you asked her to
25 take a PBT, correct?
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A Yes.
Q Prior to that being given, you told her at
the scene if she didn't take the PBT you were going to
arrest her, correct?
A Yes.
Q Really, in reality, though, you were going to
arrest her one way or the other, if she took it or not,
correct?
A There was a very strong indication that I was
going to arrest her, yes.
Q But you didn't tell her that part, that you
were going to arrest her one way or the other?
A No.
Q Why not?
A I didn't.
Q Why not?
A Because I didn't.
Q How long was Officer Mace there prior to him
actually putting the handcuffs on her, approximately?
A I don't know.
Q So, you have no idea?
A No, I do not.
Q I think you testified earlier you're not sure
if he showed up before or after the field sobriety test,
correct?
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A Correct.
Q Now, in your report -- what you've told the
judge here today is that her eyes were watery, I guess,
correct?
A Yes.
Q If somebody has watery eyes, that doesn't
mean the person has been drinking, correct?
A You're probably right, yes.
Q But in your report you say her eyes, because
they were watery, was indicative of someone who's drinking,
correct?
A Sometimes it is. It also could be the
medication that she was on.
Q At that point in time, though -- my point
being, in your report you don't use the report that watery
eyes could sometimes be an indicator of alcohol. You said
that --
THE COURT: Mr. Lauer, give me a break. Move
on.
BY MR. LAUER:
Q Now, you did see Officer Mace use some
physical force with her, correct?
A No, I did not.
THE COURT: Mr. Lauer, that has nothing to do
with the issue of reasonable suspicion or refusal.
35
1 MR. LAUER: On the issue of refusal, Judge.
2 I think if a person who had been physically assaulted,
3 because they felt that they were assaulted, that is a basis
4 that they were not going to cooperate thereafter. I think
5 would be something the Court could look to.
6 THE COURT: Where under the law do I have the
7 authority under the Vehicle Code?
8 MR. LAUER: Well, at this point in time under
9 the law, you don't, Judge. It would only be a medical issue
10 if the person had a concussion from that or an injury to
11 that effect.
12 THE COURT: Are you alleging that?
13 MR. LAUER: No, sir.
14 THE COURT: All right. Move on.
15 BY MR. LAUER:
16 Q Did you ask her if she had any medical or
17 physical problems that would prohibit her from doing a field
18 sobriety test?
19 A Yes, I did.
20 Q What was her response?
21 A No, she did not.
22 Q Of course, prior to arresting her, you're
23 taking in your observations of her that night, correct, at
24 the scene, right?
25 A Yes.
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1 Q Is it your testimony that you did not observe
2 the injuries to her legs when you stopped her and she got
3 out of the car?
4 A Correct.
5 Q But she was standing there for at least
6 several minutes before Officer Mace got there outside of the
7 car, correct?
8 A I assume, yes.
9 Q In that few minutes out there, you noticed
10 the injuries to her legs?
11 A No.
12 THE COURT: Mr. Lauer, we've been over this.
13 She didn't notice any injuries to her legs. How many
14 different ways does she have to say it?
15 MR. LAUER: I'm not going to beat that --
16 THE COURT: Well, it's too late.
17 MR. LAUER: People change their testimony
18 sometimes all the time throughout a court proceeding. I
19 guess that's why I ask a question in a different way, Your
20 Honor, with respect. That's why.
21 THE COURT: Let's move on.
22 BY MR. LAUER:
23 Q Did you ask her why she would not take a
24 blood test or a breath test?
25 A No.
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1 Q She repeatedly said she wanted a lawyer when
2 she was in the police car with you, correct?
3 A Yes.
4 Q When you transported her in the car with you,
5 there were no problems between you and her, correct?
6 A I didn't say anything to her. So, no, there
7 were no problems.
8 Q So, there was no communication whatsoever?
9 A None that I can recollect.
10 Q Didn't you actually drive by E Street and
11 show her where E Street was?
12 A Negative. I took her directly to CCP.
13 Q You didn't tell her how to get to E Street on
14 the way there?
15 A I possibly might have.
16 Q So, in fact, there was some communication?
17 A Again, as I said, I do not recollect.
18 Q So, possibly there was, and then you can't
19 recollect, cor rect, as to that issue, right?
20 A I already answered.
21 Q Okay. Now, at the time of this incident on
22 June 19th, 201 0, you started off your testimony that you
23 have been a police officer for about -- was it two and a
24 half years in Carlisle?
25 A Yes, sir.
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Q At the time of this incident, though, how
long had you been a police officer with Carlisle?
A Almost two and a half years.
Q At that time?
A Yes. I'm getting closer to three at this
point.
Q At that time, the time of the arrest, back in
June, when was the last time you were through any courses on
standardized field sobriety testing prior to June 19th?
A A year prior.
Q A year prior?
A Or six months prior, something around there.
Q You have to go through a course on that,
correct?
A Yes.
Q I have been through that course. When you go
through that course, they'll bring people in for you to
evaluate and determine whether or not a person may not be
impaired, correct?
A Yes.
Q In some of those courses, they'll bring in
people who have not even been drinking, correct?
A I guess so, yes.
Q In fact, they ask you to give a field
sobriety test then to make an opinion to test your ability
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1 to make that determination, correct?
2 A Yes.
3 Q When you go through those courses, some
4 people fail those coordination tests who were not impaired,
5 correct?
6 A Yes.
7 Q So, really, what you're telling me is a
8 person may fail it or not do it, and that wouldn't mean
9 they're impaired, correct?
10 A It's an indicator.
11 Q It's an indicator.
12 THE COURT: Mr. Lauer, I'll tell you what.
13 We're going to make this easy. I'm going to give you ten
14 minutes from now. You said you needed ten minutes. Ask
15 your best questions, Mr. Lauer.
16 MR. LAUER: Yes, sir.
17 BY MR. LAUER:
18 Q Now, what is the degree of accuracy of a
19 one-leg stand? That's in the manual.
20 A I don't know. I don't have a manual in front
21 of me.
22 Q Do you know?
23 A No, I do not.
24 Q Do you have an approximate idea what the
25 degree of accuracy of the one-leg stand is to determine
40
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1 whether a person is impaired?
2 A No, I do not.
3 Q How about the same question to a
4 walk-and-turn?
5 A No. I'm not an expert.
6 Q I di dn't ask you if you were an expert.
7 You've read the manual. You've gone through the manual.
8 THE COURT: Mr. Lauer, you're to ask
9 questions. You are not to argue with the witness. Please.
10 MR. LAUER: Yes, sir.
11 BY MR. LAUER:
12 Q What you're telling this judge here today is
13 you don't know what the degree of accuracy of any of those
14 tests are, correct?
15 A Yes, sir.
16 Q Yet they're in the manual, correct, those
17 numbers?
18 A If you say so.
19 Q You don't.know? Do you ever recall reading
20 anything in the man ual as to the degree of accuracy of any
21 of those tests?
22 A No, I do not.
23 Q Now, the odor of alcohol wouldn't mean a
24 person is impai red, correct?
25 A No, it would not.
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Q Where you stopped her vehicle, at the time of
the stop, at the time period that you're at the scene, there
was a lot of traffic going by, correct?
A I have no idea.
Q So, you don't remember the traffic conditions
at the location of the stop?
A Sir, it was almost six months ago. I do not
remember.
Q So, what you're telling me, because it was
six months ago, your memory of what occurred out there is
very vague, correct?
A It's not going to be completely pinpoint
accurate, no, it's not.
Q Well, traffic -- I mean, if there was a lot
of traffic, you're telling me you wouldn't remember that six
months ago?
A No, I sure wouldn't.
Q Well, this isn't the first time you've looked
at this case in six months. There was a preliminary hearing
after the incident, right?
A Yes, sir.
Q You told Ashley Rohm that night that Officer
Mace was going to have to fill out a report on force,
correct?
A Yes.
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1 Q Why did you tell her that?
2 A Because she was upset about what occurred at
3 the scene, and I told her, well, if he forced you in the
4 car, he has to do a report, a force report.
5 Q You know that he forced her into the car or
6 pushed her into the car, correct?
7 A That's what she told me, and I heard it.
8 Q What did you hear?
9 A I heard her being forced into the car.
10 Q Did you ever see her do anything physical
11 towards Officer Mace prior to that occurring?
12 A I did not see anything.
13 Q So, you saw her doing nothing belligerent
14 with Officer Ma ce?
15 A I did not see anything.
16 Q You didn't hear her say anything to officer
17 Mace prior to - -
18 A Oh, she was very loud. I was hard not to
19 hear her.
20 Q What did she say?
21 A I cannot remember verbally. I just know that
22 she was loud an d being belligerent.
23 Q And her vehicle was towed from the scene,
24 correct?
25 A I don't remember.
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1 Q Do you remember how her vehicle got out of
2 the area?
3 A No, I do not.
4 Q When she pulled up, she pulled up against the
5 curb, correct?
6 A Yes.
7 Q She parked her vehicle safely, correct?
8 A I guess.
9 Q I'm not asking you to guess, ma'am. You were
10 there.
11 A She parked her vehicle. She put it alongside
12 of the road.
13 Q Right up to the curb?
14 A Yes.
15 Q She didn't hit the curb, correct?
16 A I don't remember.
17 Q She used her turn signal when she did that,
18 correct?
19 A I don't remember.
20 Q At that time, though, she also told you she
21 turned her headlights on as she was making the turn,
22 correct?
23 A I don't remember.
24 Q I'm talking about where she made the improper
25 turn coming out. She didn't dispute that they were not on
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1 when she was sitting there, but at the turn she put them on.
2 Do you remember her telling you that?
3 A No.
4 Q She could have told you, but you just don't
5 recall?
6 A It's all on the video, sir. I don't
7 remember.
8 Q Well, everything she told you was not on the
9 video.
10 A Not that video. My video.
11 Q Well, your video, when you're observing her,
12 you're observing her through your rearview mirror, correct?
13 A As I passed her on the left, it would be on
14 there prior to that.
15 Q But as she's pulling out, it's not going to
16 be on the vi deo whether or not her headlights were on,
17 correct?
18 A Yes.
19 Q Yes, you agree with that, right?
20 A I agree with that.
21 Q Was your video on in the police car the
22 entire time of the stop?
23 A Yes.
24 Q What you've told this judge here, also, is
25 you wanted t o give her a PBT to see whether or not she was
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impaired, correct?
A Correct.
Q So, you had not made a determination as to
whether or not she may or may not be impaired until the PBT?
A I wanted to see if her claims of not drinking
could possibly be true and that her actions could be
attributed to the medication she claimed to be on. When she
blew into the PBT and it indicated that she did have alcohol
in her system is when I determined that she was DUI.
Q So, everything prior to that, you had not
made a conclusion or an opinion that she was impaired?
THE COURT: She has answered that question.
Move on.
BY MR. LAUER:
Q Why did you have officer Mace give her the
PBT?
A I don't remember Officer Mace giving her the
PBT.
Q Oh, so you gave her the PBT?
A Yes.
Q And you recall that?
A I don't have it in my report, but I do
believe I did, because I had another officer bring me the
PBT.
Q Who was the officer that gave you the PBT?
46
1 A Officer Sturm.
2 Q So, there was another officer there?
3 A Yes.
4 Q So, there were three police officers there?
5 A Yes.
6 Q How do you spell the name of the third
7 officer?
8 A S-t-u-r-m.
9 MR. BRICKNELL: Your Honor, I believe that
10 Mr. Lauer is really just fishing here for information for
11 the criminal DUI hearing.
12 THE COURT: I believe he has been doing that
13 for the past 25 minutes. That's why I have limited him.
14 You have anot her five minutes.
15 BY MR. LAUER:
16 Q Now, she went to the jail. She got out of
17 the police car with no problems, correct, when you're at the
18 jail?
19 A Yes, I guess. I don't remember.
20 Q Okay. No problems walking into the jail,
21 correct?
22 A Not with me holding onto her, no.
23 Q You weren't actually holding onto her; you
24 just had your arm on her elbow, correct?
25 A I was holding onto her.
47
0 0
1 Q Well, she didn't lose her balance walking
2 into the jail?
3 MR. BRICKNELL: Your Honor, Mr. Lauer is just
4 arguing with the witness at this point.
5 THE COURT: I agree. Mr. Lauer, come on.
6 MR. LAUER: I'll rephrase it, Judge.
7 BY MR. LAUER:
8 Q Do you have it documented anywhere that she
9 lost her balance walking into the jail?
10 A No.
11 Q In fact, she did not lose her balance walking
12 into the jail, correct?
13 THE COURT: That has nothing to do with the
14 reasonable suspicion. That ended when she put the cuffs on.
15 MR. LAUER: Okay.
16 THE COURT: I'll let you fish a little bit,
17 Mr. Lauer, but we're not going to --
18 BY MR. LAUER:
19 Q Now, is it your testimony that you did not
20 call either of these officers to the scene?
21 A I asked for a PBT, and that was brought to
22 the scene. Officer Mace saw me on the side of the road with
23 somebody, with a subject, and he stopped. That's what we
24 do. We back each other up.
25 Q Now, Ashley was not giving you -- things only
48
1 escalated verbally when Officer Mace showed up, is that fair
2 to say?
3 A I guess.
4 Q On the video we heard my client make a
5 statement that she called officer Mace a pussy. Do you
6 remember that?
7 A I know she used belligerent terms, yes.
8 Q Do you remember her using the word pussy?
9 A No, I do not.
10 Q That was only said after she was handcuffed
11 and thrown in the -- well, you don't even remember that
12 being said at all is what you're telling me?
13 A No.
14 Q How did the keys get out of the car? Did she
15 take them out?
16 A I don't remember.
17 MR. LAUER: Court's indulgence, please.
18 That's all the questions I have of this officer, Your Honor.
19 THE COURT: Thank you, Officer. You may step
20 down. Anything else, Mr. Bricknell?
21 MR. BRICKNELL: Actually, just one or two
22 quick question s.
23 THE COURT: You may step down, Officer.
24 MR. BRICKNELL: No, Your Honor, nothing
25 further.
49
0 0
1 THE COURT: Mr. Lauer, do you wish to present
2 any testimony or evidence?
3 MR. LAUER: Not at this time, Your Honor.
4 THE COURT: All right. Brief closing
5 argument? I'll give you the balance of the time you have
6 left.
7 MR. LAUER: I'll waive it, Your Honor.
8 THE COURT: All right. We'll enter the
9 following order:
10 "AND NOW, this 8th day of November, 2010,
11 after hearing, we find that the officer had reasonable
12 suspicion to believe that the Petitioner was driving under
13 the influence of alcohol, and we further find that she
14 refused to give a sample of her breath or blood. Her appeal
15 is DISMISSED, and the action of the Department in suspending
16 her license is affirmed."
17 MR. BRICKNELL: Thank you very much, Your
18 Honor.
19 THE COURT: Court is adjourned.
20 (Court was adjourned.)
21
22
23
24
25
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t 1P
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
Susan Rice Stoner v
Official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
II //..( D
Date
<;W
Edward E. Guido, J.
51