Pennsylvania DUI Attorney
License Suspension Appeal
In a license suspension case, the only issues are whether the criminal court convicted the licensee, and whether PennDOT acted in accordance with applicable law. Dep't of Transp., Bureau of Driver Licensing v. Tarnopolski, 533 Pa. 549, 626 A.2d 138 (1993).
PennDOT bears the initial burden to establish a prima facie case that a record of conviction supports a suspension. Zawacki v. Dep't of Transp., Bureau of Driver Licensing, 745 A.2d 701 (Pa.Cmwlth.2000).
An essential part of satisfying this burden is the production of an official record of the conviction supporting the suspension. Cotter v. Dep't of Transp., Bureau of Driver Licensing, 703 A.2d 1092 (Pa.Cmwlth.1998).
In order to overcome this presumption, Licensee must show by clear and convincing evidence that the record was erroneous. Mateskovich v. Dep't of Transp., Bureau of Driver Licensing, 755 A.2d 100 (Pa.Cmwlth.2000).
PennDOT must also establish it acted in accordance with applicable law. Cotter v. Dep't of Transp., Bureau of Driver Licensing, 703 A.2d 1092 (Pa.Cmwlth.1998).
Licensees may not collaterally attack an underlying criminal conviction during a civil license suspension proceeding. Commonwealth v. Duffey, 536 Pa. 436, 639 A.2d 1174 (1994).
The Commonwealth Court's scope of review in a license suspension appeal is limited to determining whether the trial court's findings of facts are supported by competent evidence and whether the trial court committed an error of law or an abuse of discretion. Orloff v. Dept. of Transp., Bureau of Driver Licensing, 912 A.2d 918 (Pa.Cmwlth.2006).
In driver's license suspension case based on alleged refusal of test, information available to the officer prior to his request for chemical testing met the minimum required evidence to support a finding of reasonable grounds to believe that licensee was operating or was in actual physical control of the movement of his vehicle while under influence of alcohol; licensee was discovered passed out in driver's seat of his automobile parked on the side of road with engine and headlights on, and licensee performed poorly during field sobriety tests. Riley v. Commonwealth, Dept. of Transp., Bureau of Driver Licensing, 946 A.2d 1115 (Pa.Cmwlth.,2008).
The standard of reasonable grounds to support a license suspension is not the same as probable cause required for a criminal prosecution. Vinansky v. Department of Transportation, Bureau of Driver Licensing, 665 A.2d 860 (Pa.Cmwlth.1995).
Reasonable grounds exist when a person in the position of the police officer, viewing the facts and circumstances as they appeared at the time, could have concluded that the motorist was operating the vehicle while under the influence of intoxicating liquor. DiPaolo v. Department of Transportation, Bureau of Driver Licensing, 700 A.2d 569 (Pa.Cmwlth.1997).