Form was fuzzy, but license suspension was clear

Reaching for the reading glasses is a common exercise for folks in their middle years. The need to read did not allow a Pennsylvania driver to escape a charge of refusing to take a blood alcohol test.

The driver faced an automatic license suspension if she refused to submit to testing.

But when faced with the implied-consent form, she said she could not see it without her glasses, which were still in her car, which had just been towed away.

Diane Boerner stood on her right to read the form before signing, and argued that she never actually said yes or no to the officer who read the form language warning her about the consequences of noncompliance with the testing requirement.

A video of the traffic stop showed the officer reading the form to Boerner, according to a local news report.

The officer interpreted her lack of acquiescence as a refusal to consent.

Judge Patricia A. McCullough backed the officer’s interpretation of the driver’s conduct. The judge said there was no requirement that the officer allow the driver to read the form for herself.

HT: ‘Judging Traffic’ Newsletter, National Center for State Courts