Com., Dept. of Transp. v. Crawford
| Court | Commonwealth Court of Pennsylvania |
| Writing for the Court | Before BARRY and SMITH, JJ., and NARICK; NARICK; MacPHAIL |
| Citation | 121 Pa.Cmwlth. 613,550 A.2d 1053 |
| Parties | COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Gregory Eugene CRAWFORD, Appellee. |
| Decision Date | 09 December 1988 |
Page 1053
v.
Gregory Eugene CRAWFORD, Appellee.
Decided Dec. 9, 1988.
Page 1054
[121 Pa.Cmwlth. 614] Raymond A. Swan, Asst. Counsel, Pittsburgh, Harold H. Cramer, Asst. Counsel, John L. Heaton, Chief Counsel, Harrisburg, for appellant.
Wayne Hundertmark, Seneca, for appellee.
Before BARRY and SMITH, JJ., and NARICK, Senior Judge.
NARICK, Senior Judge.
Before us is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (Department) from an order of the Court of Common Pleas of Clarion County sustaining the appeal of Gregory Eugene Crawford (Crawford) from the suspension of his operating privileges by the Department. The trial court sustained the appeal based upon its determination at Crawford's criminal trial that Crawford did not refuse to [121 Pa.Cmwlth. 615] submit to a breathalyzer test.1 For the reasons set forth herein, we vacate and remand.
The primary issue presented for our resolution on appeal is whether the Department is "collaterally estopped" from establishing in a civil license suspension proceeding that Crawford refused to submit to chemical testing because it had been previously determined with respect to the criminal charges filed against Crawford that he did not refuse to submit to a breathalyzer.2
It is well settled that a Department suspension proceeding for a refusal to take a breathalyzer test is an independent civil proceeding separate and distinct from any criminal charges brought against a motorist. Hando v. Commonwealth, 84 Pa. Commonwealth Ct. 63, 478 A.2d 932 (1984); Wisniewski v. Commonwealth, 73 Pa. Commonwealth Ct. 318, 457 A.2d 1334 (1983); Commonwealth v. Clawson, 9 Pa. Commonwealth Ct. 87, 305 A.2d 732 (1973); Commonwealth v. Abraham, 7 Pa. Commonwealth Ct. 535, 300 A.2d 831 (1973). The civil proceeding to revoke or suspend a license is not intended as punishment; rather, it is designed to protect the public by denying intoxicated motorists the privilege of using the roadways. Hando; Abraham. Also, a judgment in the criminal proceeding has no effect on the outcome of the civil proceeding because for a criminal proceeding the guilt of the accused must be established beyond a reasonable doubt and in a civil proceeding it is sufficient if the offense is established by a preponderance [121 Pa.Cmwlth. 616] of the evidence. Abraham. Thus, an acquittal of the criminal charge of driving under the influence is of no consequence to the outcome of the civil proceeding. Clawson; Abraham.
Hence, the outcome of the criminal proceeding cannot collaterally estop the Department from...
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Yeoman v. Commonwealth of Kentucky, 97-SC-274-TG
...in support of the cause of action. Worton, 234 Cal. App. 3d at 1638; Commonwealth, Dept. of Transp. v. Crawford, 121 Pa. Commw. 613, 550 A.2d 1053 (1988).[21] For claim preclusion to bar further litigation, certain elements must be present. First, there must be identity of the parties. Newm......
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Yeoman v. Com., Health Policy Bd., No. 97-SC-274-TG
...in support of the cause of action. Worton, 234 Cal.App.3d at 1638, 286 Cal.Rptr. 410; Commonwealth, Dept. of Transp. v. Crawford, 121 Pa.Cmwlth. 613, 550 A.2d 1053 For claim preclusion to bar further litigation, certain elements must be present. First, there must be identity of the parties.......
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Miller v. Epling, No. 11–0353.
...acquittal of a related criminal charge is irrelevant to the disposition of the administrative proceedings.); Commonwealth v. Crawford, 121 Pa.Cmwlth. 613, 616, 550 A.2d 1053, 1054 (1988) (an acquittal of the criminal charge of driving under the influence is of no consequence to the outcome ......
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Com. v. Wolfe
...the protection of the public and not the punishment of the drunken motorist. In Pennsylvania Department of Transportation v. Crawford, 121 Pa.Cmwlth. 613, 550 A.2d 1053 (1988), the Commonwealth Court addressed the issue of whether the Department of Transportation could establish at a licens......
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Yeoman v. Commonwealth of Kentucky, 97-SC-274-TG
...in support of the cause of action. Worton, 234 Cal. App. 3d at 1638; Commonwealth, Dept. of Transp. v. Crawford, 121 Pa. Commw. 613, 550 A.2d 1053 (1988).[21] For claim preclusion to bar further litigation, certain elements must be present. First, there must be identity of the parties. Newm......
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Yeoman v. Com., Health Policy Bd., No. 97-SC-274-TG
...in support of the cause of action. Worton, 234 Cal.App.3d at 1638, 286 Cal.Rptr. 410; Commonwealth, Dept. of Transp. v. Crawford, 121 Pa.Cmwlth. 613, 550 A.2d 1053 For claim preclusion to bar further litigation, certain elements must be present. First, there must be identity of the parties.......
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Miller v. Epling, No. 11–0353.
...acquittal of a related criminal charge is irrelevant to the disposition of the administrative proceedings.); Commonwealth v. Crawford, 121 Pa.Cmwlth. 613, 616, 550 A.2d 1053, 1054 (1988) (an acquittal of the criminal charge of driving under the influence is of no consequence to the outcome ......
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Com. v. Wolfe
...the protection of the public and not the punishment of the drunken motorist. In Pennsylvania Department of Transportation v. Crawford, 121 Pa.Cmwlth. 613, 550 A.2d 1053 (1988), the Commonwealth Court addressed the issue of whether the Department of Transportation could establish at a licens......