Yourick v. Com.

24 Citing cases

  1. Patane v. Commonwealth

    192 A.3d 335 (Pa. Cmmw. Ct. 2018)   Cited 1 times

    We begin with the knowing and conscious standard, which "is not explicitly found in Section 1547." Yourick v. Dep't of Transp., Bureau of Driver Licensing , 965 A.2d 341, 345 (Pa. Cmwlth. 2009). We have, therefore, held that the knowing and conscious standard "must be strictly construed as it creates exceptions to the clear language and policy of the implied consent law."

  2. Murray v. Commonwealth

    No. 10 C.D. 2014 (Pa. Cmmw. Ct. Jul. 24, 2014)

    The trial court correctly found that all of the requirements for this driver's license suspension were satisfied. To sustain a one-year driver's license suspension under the Implied Consent Law, the Department must prove that the licensee: (1) was placed under arrest for DUI by a police officer who had reasonable grounds to believe that the licensee was operating a vehicle under the influence of alcohol; (2) was asked to submit to a chemical test; (3) refused to do so; and (4) was specifically warned that a refusal would result in the suspension of his driver's license. 75 Pa. C.S. § 1547(b); Banner v. Department of Transportation, Bureau of Driver Licensing, 737 A.2d 1203, 1206 (Pa. 1999); Kollar v. Department of Transportation, Bureau of Driver Licensing, 7 A.3d 336, 339 (Pa. Cmwlth. 2010); Yourick v. Department of Transportation, Bureau of Driver Licensing, 965 A.2d 341, 344 (Pa. Cmwlth. 2009) (enbanc). Because licensees may erroneously believe that they have a right to counsel, the warning must also advise the licensee that he has no right to consult an attorney before deciding whether to submit to the chemical test.

  3. Johnson v. Commonwealth

    No. 177 C.D. 2013 (Pa. Cmmw. Ct. Jul. 7, 2014)

    The Bureau, citing Department of Transportation, Bureau of Traffic Safety v. Wroblewski, 442 A.2d 407, 408-409 (Pa. Cmwlth. 1982), argues that Johnson's initial refusal to submit to a chemical test at the scene of his arrest after the implied consent warnings were read to him by Officer Reynolds was not vitiated by his subsequent consent and request to take the test at the police station. The Bureau further argues that once the trial court finds that the police officer provided the licensee with the implied consent warnings, the trial court can no longer excuse the licensee's refusal to submit to chemical testing based upon any subjective confusion the licensee may have; [citing Dep't of Transp., Bureau of Driver Licensing v. Scott, 684 A.2d 539, 546 (Pa. 1996); Yourick v. Dep't of Transp., Bureau of Driver Licensing, 965 A.2d 341, 345 (Pa. Cmwlth. 2009) (en banc)]. The Bureau contends that once Officer Reynolds read the implied consent warnings to Johnson, any confusion Johnson may have had was cured as a matter of law and Officer Reynolds was not required to ensure that Johnson understood the warnings nor was he required to spend time and effort answering Johnson's questions; [citing Scott; Martinovic v. Dep't of Transp., Bureau of Driver Licensing, 881 A.2d 30 (Pa. Cmwlth. 2005)].

  4. Kelley v. Commonwealth of Pennsylvania

    No. 2134 C.D. 2008 (Pa. Cmmw. Ct. Jul. 20, 2009)

    Section 1547(b)(2)(i) of the Implied Consent Law, 75 Pa. C.S. § 1547(b)(2)(i) (emphasis added). Kelley concedes that an en banc panel of this Court recently held that the language in paragraph 3 was not ambiguous. Yourick v. Department of Transportation, Bureau of Driver Licensing, 965 A.2d 341 (Pa.Cmwlth. 2009). As a three-judge panel we are bound by Yourick and must decline Kelley's invitation to reevaluate that decision.

  5. Commonwealth v. Lehman

    311 A.3d 1034 (Pa. 2024)   Cited 7 times

    The rule of lenity requires a clear and unequivocal warning in language that people generally would understand, as to what actions would expose them to liability for penalties and what the penalties would be." (quoting Yourick v. Dep’t of Transp., Bureau of Driver Licensing, 965 A.2d 341, 347 (Pa. Cmwlth.) (Leavitt, J., dissenting), appeal denied, 981 A.2d 220 (2009)), appeal denied, 29 A.3d 374 (Pa. 2011)).

  6. Com. v. Yourick

    981 A.2d 220 (Pa. 2009)

    July 22, 2009. Appeal from the Commonwealth Court, Pa.Cmwlth., 965 A.2d 341. Dispositions of Petitions for Allowance of Appeals Denied.

  7. Palitti v. Commonwealth, Dep't of Transp.

    909 C.D. 2023 (Pa. Cmmw. Ct. Dec. 5, 2024)

    A DL-26 Form is used by Pennsylvania law enforcement to advise drivers of the consequences of refusing to submit to chemical testing under Section 1547 of the Vehicle Code. See Yourick v. Dep't of Transp., Bureau of Driver Licensing, 965 A.2d 341, 342-43, 345 (Pa. Cmwlth. 2009). Ofc. Rogers then recounted other factors which played a role in establishing his belief, on December 10, 2020, that Licensee operated the vehicle while under the influence of alcohol.

  8. Conrad v. Pa. Dep't of Transp.

    226 A.3d 1045 (Pa. Cmmw. Ct. 2020)   Cited 9 times

    The Implied Consent Law does not require that the warnings "contain any specific wording." Yourick v. Dep’t of Transp., Bureau of Driver Licensing , 965 A.2d 341, 345 (Pa. Cmwlth. 2009) (en banc ). Rather, the warnings "must merely ‘inform’ a licensee that his[ ] ‘operating privilege will be suspended upon refusal to submit to chemical testing.’ "

  9. Albright v. Pa. Dep't of Transp.

    No. 124 C.D. 2019 (Pa. Cmmw. Ct. Nov. 7, 2019)

    Yourick v. Dep't of Transp.,Bureau of Driver Licensing, 965 A.2d 341, 345 (Pa. Cmwlth. 2009). Rather, the warnings "must merely 'inform' a licensee that his/her 'operating privilege will be suspended upon refusal to submit to chemical testing.'"

  10. Black v. Commonwealth

    No. 251 C.D. 2018 (Pa. Cmmw. Ct. Jan. 4, 2019)

    Prior to Birchfield, DOT's DL-26 form contained accurate 1547(b) warnings. Yourick v. Dep't of Transp., Bureau of Driver Licensing, 965 A.2d 341, 345 (Pa. Cmwlth. 2009) (en banc). On July 20, 2017, the General Assembly amended the Implied Consent Law to eliminate the Section 1547(b)(2)(ii) enhanced criminal penalties for refusing to submit to the warrantless testing of one's blood.