Yoon v. Department of Transportation, Bureau of Driver Licensing

In Yoon v. Department of Transportation, Bureau of Driver Licensing, 718 A.2d 386 (Pa. Cmwlth. 1998), the Department argued that pursuant to 75 Pa. C.S. 1547(b)(2), a motorist was adequately informed when the police officer merely provided the motorist with the DL-26 form instead of reading its contents. The Court found that the Department's argument was belied by the provisions of its own DL-26 form, which under the warnings section stated, as it does in this matter, the following certification: "I certify that I have read the above warning to the motorist regarding the suspension of their operating privilege and gave the motorist an opportunity to submit to chemical testing." The Court went on to state: In view of the Department's clear burden of proving that it informed a licensee of the consequences of a refusal to submit to chemical testing and the length suspension imposed on a licensee who refuses to consent, it is not an unreasonable burden to require a police officer to verbally inform a licensee of the consequences of a refusal. Id. at 388.