Commonwealth v. Ruttle

565 A.2d 477, 388 Pa. Super. 262, 1989 Pa. Super. LEXIS 3194
CourtSupreme Court of Pennsylvania
DecidedOctober 27, 1989
Docket3454
StatusPublished
Cited by4 cases

This text of 565 A.2d 477 (Commonwealth v. Ruttle) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Ruttle, 565 A.2d 477, 388 Pa. Super. 262, 1989 Pa. Super. LEXIS 3194 (Pa. 1989).

Opinions

JOHNSON, Judge:

The Commonwealth appeals from a suppression court order ruling that evidence of Brian Ruttle’s refusal to submit to a chemical test be excluded from his criminal trial for Driving Under the Influence of Alcohol or Controlled Substance. Finding that evidence of the defendant’s refusal to submit to chemical testing is admissible in a criminal proceeding even though the defendant was not properly advised that his license would be suspended or revoked if he failed to consent to the test, we reverse the suppression order and remand.

[264]*264From the evidence produced at the suppression hearing, the trial court determined that on March 20, 1988, Ruttle was found by the police at the site of a car accident. He was standing near his car and had a large head wound, slurred speech, a staggered walk and the odor of alcohol on his breath. The police took Ruttle to a hospital where his wound was treated and he was asked to submit to a blood test. Ruttle was told by the police that if he did not submit to the test there was a “possibility” that he could lose his license or that his license would be suspended for a year. Ruttle refused the test.

Ruttle was arrested and charged with violation of the following offenses: 1) Driving Under Influence of Alcohol or Controlled Substance; 2) Driving While Operating Privilege is Suspended or Revoked; 3) Reckless Driving; 4) Driving Vehicle at Safe Speed; 5) Violation Concerning Licenses; and 6) Chemical Testing to Determine Blood Alcohol Content. After a preliminary hearing, only the charges of Driving Under the Influence of Alcohol or Controlled Substance, and Driving While Operating Privilege is Suspended or Revoked were bound over for trial. Ruttle filed a pretrial omnibus motion for the suppression of evidence of his refusal to take a chemical test. After a hearing on November 17, 1988, the suppression court granted Ruttle’s motion on the ground that he was not sufficiently warned that his refusal would result in the suspension of his license.

The Commonwealth appeals the order of the suppression court, contending that evidence that the defendant refused to submit to a chemical test is properly admissible in a criminal proceeding pursuant to 75 Pa.C.S. § 1547(e). The Commonwealth argues that 75 Pa.C.S. § 1547(e), does not condition such admissibility upon the defendant’s being advised that his refusal will result in suspension of his license. Conversely, Ruttle reasons, as did the suppression court, that Commonwealth v. Hunsinger, 379 Pa.Super. 196, 549 A.2d 973 (1988) controls the outcome of this case because it is authority for the proposition that a refusal [265]*265may not be defined differently under 75 Pa.C.S. § 1547(b) than it is defined under 75 Pa.C.S. § 1547(e). He argues that because 75 Pa.C.S. § 1547(b) requires that a defendant be warned that his license will be suspended prior to his refusal, and because case law establishes that the absence of a proper warning will invalidate any subsequent refusal for the purposes of civil license suspension proceedings, then pursuant to Commonwealth v. Hunsinger, the refusal must also be invalid for the purpose of introducing evidence thereof into a criminal proceeding pursuant to 75 Pa.C.S. § 1547(e). The relevant statute, 75 Pa.C.S. § 1547, provides in pertinent part:

(a) General rule. — Any person who drives, operates or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a motor vehicle:
(1) while under the influence of alcohol or a controlled substance or both; or
(2) which was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed.
(b) Suspension for refusal.—
(1) If any person placed under arrest for a violation of section 3731 (relating to driving under influence of alcohol or controlled substance) is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person for a period of 12 months.
[266]*266(2) It shall be the duty of the police officer to inform the person that the person’s operating privilege will be suspended upon refusal to submit to chemical testing.
(3) Any person whose operating privilege is suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension for other reasons.
(e) refusal admissible in evidence. — in any summary proceeding or criminal proceeding in which the defendant is charged with a violation of section 3731 or any other violation of this title arising out of the same action, the fact that the defendant refused to submit to chemical testing as required by subsection (a) may be introduced in evidence along with other testimony concerning the circumstances of the refusal. No presumptions shall arise from this evidence but it may be considered along with other factors concerning the charge.

75 Pa.C.S. § 1547. [Emphasis added].

We have reviewed the statutory language and the relevant case law and find that Ruttle’s reliance upon Commonwealth v. Hunsinger, supra is misplaced. In Hun-singer, the defendant was suspected of driving while under the influence of alcohol and was asked to take a breathalyzer test. The defendant refused the test several times but finally assented. At his trial on a charge for driving under the influence of alcohol under 75 Pa.C.S. § 3731(a)(1), evidence of the defendant’s initial refusal to take a chemical test was admitted into evidence. On appeal, this court addressed the defendant’s contention that the term “refusal” should be defined differently for criminal proceedings than for civil proceedings. If defined differently, the defendant’s behavior would not have constituted a “refusal.” After reviewing the policy reasons behind 75 Pa.C.S. § 1547, we disagreed with the defendant and determined that the term “refusal,” which is defined in civil summary license suspension cases as anything other than unequivocal

[267]*267consent, should be defined in the same manner for the purpose of introducing evidence of a refusal into a criminal proceeding pursuant to subsection 1547(e). Therefore, defendant was deemed to have refused to submit to chemical testing even though he later permitted the tests to be conducted. On this basis, we found evidence of the defendant’s refusal admissible. In Hunsinger, the defendant did not argue that he was not sufficiently warned of the consequences of failing to submit to a chemical test.

In the case before us, however, the issue is not whether Ruttle’s behavior rises to the level of a refusal, as defined in Hunsinger.

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Commonwealth v. Ruttle
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Cite This Page — Counsel Stack

Bluebook (online)
565 A.2d 477, 388 Pa. Super. 262, 1989 Pa. Super. LEXIS 3194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ruttle-pa-1989.