IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Jeremy Bonanno : : No. 1798 C.D. 2016 v. : : Submitted: April 7, 2017 Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing, : Appellant :
BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE JOSEPH M. COSGROVE, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY JUDGE McCULLOUGH FILED: September 14, 2017
The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department of Transportation) appeals from the October 6, 2016 order by the Court of Common Pleas of Beaver County (trial court) sustaining the statutory appeal of Jeremy Bonanno (Bonanno) from a one-year suspension of his operating privilege imposed by the Department of Transportation.
Background and Procedural History On the evening of December 10, 2015, Bonanno crashed his vehicle into a telephone pole. Officer Charles Galzarano, of the Midland Borough Police Department, responded to the motor vehicle accident. Bonanno informed Officer Galzarano that he had wrecked his car into the telephone pole, but that he was not injured. After smelling alcohol on Bonanno's breath, Officer Galzarano requested that Bonanno perform field sobriety tests. Upon failing three field sobriety tests, including a nine-step walk and turn, a one-legged stand, and finger dexterity, Bonanno admitted to Officer Galzarano that he had consumed a "couple of drinks." (Reproduced Record "R.R." at 29a-31a.) Officer Galzarano subsequently arrested Bonanno under suspicion of driving under the influence of alcohol (DUI). Officer Galzarano requested that Bonanno submit to a chemical blood test, and Bonanno refused. Officer Galzarano then brought Bonanno to the Midland Police Station. Officer Galzarano then read the standard Pennsylvania DL-26 Chemical Test Warning Form to Bonanno, which included a request to submit to a blood test, and then provided the form to Bonanno. However, Bonanno refused to sign the form. Officer Galzarano read the form again and requested that Bonanno submit to a chemical blood test. Bonanno again refused. (R.R. at 31a-37a.) Approximately ten-to-fifteen minutes after Bonanno was brought to the Midland Police Station, his wife arrived to pick him up and Bonanno was released. Bonanno's wife then went back into the police station and informed Officer Galzarano that Bonanno would submit to a blood test, but Officer Galzarano informed her that Bonanno had already refused it. (R.R. at 37a-43a.) On January 13, 2016, the Department of Transportation suspended Bonanno's driving privileges for a period of twelve months, effective February 17, 2016. His driving privileges were suspended due to Bonanno's violation of 75 Pa.C.S. §1547 of the Pennsylvania Vehicle Code (Vehicle Code), Chemical Test Refusal. (R.R. at 8a-10a.)
On January 25, 2016, Bonanno appealed the suspension, alleging that it violated Section 1547 of the Vehicle Code and sought a judicial stay pursuant to Section 1550 of the Vehicle Code. (R.R. at 8a-10a.) On June 23, 2016, the trial court held a hearing, at which Officer Galzarano and Bonanno both testified as witnesses. (R.R. at 23a-28a.) Officer Galzarano testified that,
I will say I explained the consequences to him. To