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Court overturns ruling in DUI case
pennlive.com ^ | 8/24/06 | PETE SHELLEM

Posted on 09/01/2006 8:37:33 PM PDT by elkfersupper

It was a case that prompted the president judge of Commonwealth Court to upbraid some judges for ignoring the constitution in the name of stopping drunk driving.

At issue: If a police officer outside his jurisdiction stops a vehicle and the driver refuses to take an alcohol breath t est, can the license of the driver be suspended for a year?

The answer is no, according to a ruling this week by the state Supreme Court.

Police have grounds to make arrests outside of their jurisdiction when they see a "felony, misdemeanor, breach of peace or any other act which presents an immediate clear and present danger to persons or property."

A motorist normally faces an automatic one-year license suspension by the state Department of Transportation if they refuse to take a breath or blood-alcohol test to determine intoxication. But that does not carry over if the stop is done outside the officer's jurisdiction, the high court reaffirmed.

In this case, a Hampden Twp. officer began following Myra J. Martin around Nov. 27, 2003, in the township, but stopped her in Camp Hill. She refused a breath test.

Because of Martin's refusal to take the breath test, PennDOT attempted to suspend her license. Cumberland County Judge Edgar B. Bayley threw out the suspension, but the Commonwealth Court overruled Bayley.

In Tuesday's opinion, Supreme Court Justice Ronald Castille said the Commonwealth Court ruling contradicted almost identical cases and issues decided by the Supreme Court.

"I agree with the Supreme Court that PennDOT was trying desperately to revisit that issue and the Supreme Court said they were not going to do that," said Martin's attorney, John B. Mancke.

The high court ruling also backed what Commonwealth Court President Judge James Gardner Colins said when he disagreed with his court's majority opinion that backed the suspension.

"We do not want a police state," Colins wrote in his dissent. "It seems we are on the precipice of becoming one, in the name of DUI."


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Pennsylvania
KEYWORDS: dui; dwi; madd; pennsylvania; sanity
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To: Drew68
People who drink should not operate a vehicle for no less than 24 hours after their lips last touch a bottle.

I had a few beers last evening at a friend's barbeque, I was home by nine. Are you telling me that I should not drive my car until nine this evening now?

41 posted on 09/04/2006 5:13:07 AM PDT by ShadowDancer (No autopsy, no foul.)
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To: ShadowDancer
Are you telling me that I should not drive my car until nine this evening now?

I will tell you that you took a near-unacceptable risk.

Attract the attention of Law Enforcement on such an excursion, and you have 2 years of hell, and a lifetime of consequences.

42 posted on 09/04/2006 3:39:47 PM PDT by elkfersupper
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To: elkfersupper
I will tell you that you took a near-unacceptable risk.

That is patently absurd. Three beers between 4 and eight-thirty of one evening and you think driving before nine the next night is an unacceptable risk? That is silly at best.

43 posted on 09/04/2006 3:49:27 PM PDT by ShadowDancer (No autopsy, no foul.)
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To: ShadowDancer
That is patently absurd.

I agree.

Read it and weap.

The DUI Exception to the Constitution"

44 posted on 09/04/2006 4:04:15 PM PDT by elkfersupper
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To: ContraryMary

I'm wrong that I'm surprised that no other state has followed the New Jersey ruling?


45 posted on 09/04/2006 9:12:39 PM PDT by sig226 (There are 10 kinds of people in the world: those who understand binary and those who do not.)
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