Peppelman v. Commonwealth

In Peppelman v. Commonwealth, 44 Pa. Commw. 262, 403 A.2d 1041 (Pa. Cmwlth. 1979) the Court held that using the word "could" instead of "will" in the Section 1547(b) warning did not comply with the statute and, therefore, set aside the license suspension. The motorist refused the test not because of the wording of the warning, but under advice of counsel. This fact was held to be of no moment. Judge Rogers explained that "a strict approach" is appropriate with respect to language imposing the duty upon the police officer to inform the motorist that his license will be suspended or revoked if he refuses to take the test. The Legislature clearly added the requirement of Section 1547(b)(2) to provide something to which it believed the motorist was in fairness entitled - prior warning of the consequence of refusing the test. The language of Section 1547(b)(2) is clear and unambiguous and the duty it imposes on the police officer is not difficult to perform. For us to hold, as we are asked [by PennDOT], that an inaccurate performance of this duty is to be overlooked if the motorist has not relied on the warning would simply invite a trial of the issue of reliance wherever the warning was defective. We refuse to accept exculpatory issues at the behest of the motorists who failed to do what the statute required; and we believe we should not do so at the behest of erring public authority. Id. at 1043