Credit: zef art/Adobe Stock Officer Had 'Reasonable Grounds' to Chemical Test Sleeping Driver Parked in Running Vehicle, Court Says
"Our precedent has often conflated the term 'operates' with the phrase 'is in actual physical control of the movement of a vehicle,' as used in Section 1547(a) of the Vehicle Code," Judge Michael H. Wojcik wrote for the majority. "This conflation has engendered confusion in license suspension implied consent cases concerning the issue presented herein, i.e., whether an arresting officer has reasonable grounds to believe that a licensee was in actual physical control of the movement of a vehicle, where the arresting officer testifies, and the facts indicate, that the licensee had not been driving. In an effort to eliminate this confusion, we hold that because Officer Gelnett had reasonable grounds to believe that Licensee was in actual physical control of his vehicle while intoxicated, despite the fact that Licensee was not driving, Officer Gelnett properly requested that Licensee undergo chemical testing."
November 23, 2022 at 11:00 AM
5 minute read
A police officer who found a Pennsylvania man found passed out in the driver's seat of his running vehicle had reasonable grounds believe he was "in actual physical control of the movement of the vehicle," while intoxicated, the Commonwealth Court has ruled.
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