Quigley v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

DISSENTING OPINION BY

Judge LEAVITT.

Respectfully, I dissent. Joan Quigley understood the DL-26 warning as it was intended by PennDOT. Nevertheless, I would sustain her appeal. PennDOT’s warning did not satisfy the mandate in Section 1547(b) of the Vehicle Code because it was worded ambiguously.

In response to her attorney’s questioning, Quigley replied that she understood the DL-26 warning read to her by the arresting officer, which was the same warning read to Darlene Yourick. See Yourick v. Department of Transportation, Bureau of Driver Licensing, 965 A.2d 341 (Pa.Cmwlth., 2009).1 Further,…