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Officer arriving at disabled vehicle does not "seize" driver PDF Print E-mail
In Commonwealth v. Conte, 1805 M.D.A. 2006, the Pennsylvania Superior Court ruled on August 2, 2007, that an officer who approaches a disabled vehicle alongside the road and who activates the overhead lights and approaches the apparent driver does not "seize" the driver for purposes of the Pennsylvania or United States constitutions.  The officer's observations of "classic" signs of intoxication were admissible and the conviction of the driver for DUI was sustained.
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In a case decided on April 27, 2007, the Commonwealth Court ruled that acceptance into and completion of ARD for a DUI case disqualified an individual from holding a commercial driver's license (CDL) for a year, even though the suspension of his personal license was only for 30 days and even though the DUI offense occurred using a personal vehicle and not a commercial vehicle.
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