Sweeney v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

804 A.2d 685
Commonwealth Court of Pennsylvania·Decided July 3, 2002·Published·Cited by 16 cases

Opinions

OPINION BY

Senior Judge DOYLE.

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Court of Common Pleas of Allegheny County, which sustained the statutory appeal of Flora Sweeney challenging DOT’s imposition of a one-year suspension of her driving privilege pursuant to section 1547(b)(1) of the Vehicle Code (Code).2 We reverse.

[686] DOT suspended Sweeney’s driving privilege as the result of a reported refusal to submit to chemical testing. Sweeney filed an appeal with Common Pleas, which held a de novo hearing.

At the hearing, DOT presented the testimony of Officers Matthew Cornwall and Howard McQuillan. Officer Cornwall testified that: (1) he stopped Sweeney’s vehicle on April 10, 1998, because the vehicle went through a red light; (2) he detected an odor of alcohol coming from the interior of the vehicle; (3) Sweeney explained that she had just dropped off friends who had been drinking; (4) he performed field sobriety tests; (4) Sweeney staggered while trying to walk heel-to-toe in a straight line; and (5) he transported Sweeney to the police station so that Officer McQuillan, a qualified test administrator, could administer a breath test. (Reproduced Record (R.R.) at 10a-15a, 17a-18a.)

Officer McQuillan testified that: (1) Sweeney readily agreed to submit to chemical testing before he even read her the warnings; (2) he instructed Sweeney to take a deep breath and blow into the mouthpiece of the Intoxilyzer 5000 until he told her to stop; (3) Sweeney placed the mouthpiece in her mouth and formed a tight seal around it with her lips; (4) Sweeney attempted many times to blow into the mouthpiece, but her breaths were not hard enough or long enough; (5) Sweeney appeared to be trying to provide a sufficient breath sample; and (6) Sweeney did not inform him that she suffered from a breathing disorder. (R.R. at 26a-28a, 31a-32a.)

Sweeney presented the testimony of Charles L. Winek, a professor of toxicology at Duquesne University and, previously, the chief toxicologist of Allegheny County for thirty-two years. (R.R. at 35a.) Winek testified that he “started the breath testing program in Allegheny County in 1966” and “taught it continuously until 1998.” (R.R. at 35a.) Winek further testified:

Q. Can you tell us whether the check that the machine runs through, when they start it up and the calibration of the machine, has any relationship to the function of the machine that deals with registering insufficient samples?
A. To my knowledge, it does not. The aspect of [a] deficient sample is a feedback mechanism when the cylinder is filled; and in order to fill the cylinder, you have to have enough pressure to overcome the resistance offered by that cylinder in the instrument.
And the resistance offered by that cylinder varies. It is generally set at the factory at six pounds per square inch. Some people cannot blow in at that level.
Q. Even completely sober and healthy?
A That is true. It depends [on the individual]....
So, we ... lowered [the machines] to about three pounds per square inch....
Q. And would ... a properly calibrated machine have anything to do with whether or not the function, about blowing hard enough, is working correctly?
[687] A. It doesn’t tell you that, no.
Q. And when they run it through the initial test ampoules, does that have anything to do with insufficient samples working properly?
A. Not to my knowledge.
Q. And if it wasn’t working properly, that could affect whether a person, who was driving, registered a sample or is capable of blowing long enough; is that correct?
A. Yes.

(R.R. at 36a-38a.) Sweeney testified on her own behalf that she tried the best she could to follow the officer’s instructions and to provide a breath sample. (R.R. at 46a.)

After considering the evidence presented, Common Pleas accepted Sweeney’s testimony and sustained Sweeney’s appeal. Common Pleas explained that Sweeney “made the best effort possible at the time to provide the samples but was unable to do so for reasons beyond her control.” (Common Pleas Court op. at 1.)

On appeal to this Court,3 DOT argues that Common Pleas erred in sustaining Sweeney’s appeal, relying on numerous decisions of this Court. We agree.

Free access — add to your briefcase to read the full text and ask questions with AI

Sweeney v. Commonwealth, Department of Transportation, Bureau of Driver Licensing, 804 A.2d 685 (Pa. Ct. App. 2002).

804 A.2d 685 (Sweeney v. Commonwealth, Department of Transportation, Bureau of Driver Licensing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

E. Berger v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2025
M.J. Norris v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2024
J.R. Redmond v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2024
R.L. Stasa v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2020
J. Fernandez-Solano v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2020
E.W. Hinderliter v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2020
N.D. Manison v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2020
L. Conrad v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2020
J.W. Shiring v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2019
M. Mushinsky v. PennDOT, Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2017
Giannopoulos v. Commonwealth, Department of Transportation
82 A.3d 1092 (Commonwealth Court of Pennsylvania, 2013)
Bomba v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
28 A.3d 946 (Commonwealth Court of Pennsylvania, 2011)
Riley v. Commonwealth, Department of Transportation
946 A.2d 1115 (Commonwealth Court of Pennsylvania, 2008)
Quick v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
915 A.2d 1268 (Commonwealth Court of Pennsylvania, 2007)
Spera v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
817 A.2d 1236 (Commonwealth Court of Pennsylvania, 2003)
Sweeney v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
804 A.2d 685 (Commonwealth Court of Pennsylvania, 2002)