Appellant challenges the trial court’s denial of her motion to suppress

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Appellant challenges the trial court’s denial of her motion to suppress

Appellant challenges the trial court’s denial of her motion to suppress

“On November 14, 2016, Appellant was pulled over by Officer Kyle Maye and Officer [Robert] Gilbert as the result of her erratic driving behavior that was called in by another motorist. Officer Maye observed Appellant to have glassy and bloodshot eyes, her speech was slow and soft, and her movements in the vehicle were slow and sluggish. Officer Gilbert discovered two beer bottles in the passenger side area of Appellant’s vehicle. Officer Maye requested that Appellant exit the vehicle, at which time he J-A07005-19 – 2 – detected the odor of alcohol. He then conducted a series of field sobriety tests, the results of which indicated that Appellant was under the influence of alcohol and/or controlled substances. Officer Maye asked if Appellant was willing to submit to a blood test. Appellant consented. She was then placed under arrest and transported to Chester County Hospital where her blood was drawn within the appropriate two-hour limit. During the stop, Officer Maye did not draw a weapon. Officer Maye did not advise Appellant that she would face enhanced penalties if she refused [a blood draw]. In her pre-trial motion to suppress, Appellant argued that as the result of a previous arrest for DUI in 2013, she understood that refusal of the blood draw would subject her to adverse criminal penalties. Appellant’s basis for consent was not communicated to Officer Maye; therefore, Officer Maye had no knowledge that her consent was based upon Appellant’s outdated understanding of Pennsylvania law. Officer Maye neither provided Appellant with misleading or false information in order to get Appellant to consent nor did he use any threat of force or coercion. Appellant filed a [m]otion to [s]uppress on May 1, 2017. Following a hearing held on March 22, 2018, the [trial] court denied the motion by [o]rder dated March 23, 2018. A bench trial was held on April 4, 2018. A verdict was delivered on April 18, 2018, finding [] Appellant guilty of [DUI] in violation of 75 Pa.C.S.A. § 3802(c). Appellant’s sentencing was deferred for consideration of the Intermediate Punishment Program (IPP). On June 12, 2018, Appellant was sentenced to IPP which included 15 days of incarceration, 75 days of electronic home confinement and probation, community service[,] and a fine.”

 

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