· 12/2/2011
Sisinni v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
Citations
- 31 A.3d 1254
- 2011 Pa. Commw. LEXIS 591
- 2011 WL 6004605
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that reasonable grounds existed, where the licensee exhibited glassy eyes and a slight odor of alcohol, admitted to drinking two alcoholic beverages, and performed poorly on an HGN test, despite the licensee’s passing of two other field sobriety tests
- holding an officer had reasonable grounds to believe the licensee operated a vehicle while under the influence because the licensee had a slight odor of alcohol, had glassy eyes, and admitted to having consumed alcohol
- finding reasonable grounds where the licensee exhibited glassy eyes, a slight odor of alcohol, and admitted to drinking two alcoholic drinks, despite the licensee’s passing of two field sobriety tests
- slight odor of alcohol, glassy eyes, and an admission from the vehicle operator that he consumed two alcoholic beverages was reasonable grounds to require a chemical test
- The licensee’s refusal to perform a PBT was properly a factor in the arresting police officer’s determination that the licensee had been operating his vehicle while under the influence
- “[It is] not necessary for a motorist to fail a field sobriety test in order for a police officer to have reasonable grounds to request a motorist to submit to a chemical test.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pellegrini, Brobson, McCullough
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.