Officer said I could get OLL when refusing blood test

[PulledOverInPA]

Hi,

I was pulled over in PA and cooperated with the police. Before the officer read me the DL-26 refusal form he said that I can apply for an OLL to drive to and from work, so I refused. I already appealed my refusal and lost. I don't think my lawyer did a good job in pleading my case.
The thing is though, the officer is the one who brought up the Occupational license (I didnt ask him he just volunteered the information), and the DL-26 form does not mention anything to refute the officers claim that I could get an occupational license (pretty sure I didnt sign the refusal form either). He admitted in court that he didn't know the exact laws and that he did say that I could get an OLL if I refuse even without me asking (it appeared to me to be a tip)

Here is what my lawyer didn't bring up:

The PA motor vehicle code specifically says:
(2) It shall be the duty of the police officer to inform the person that the person's
operating privileges will be suspended upon refusal to submit to chemical testing.

???? shouldn't this and the testimony of the officer be enough to get me off? technically he informed me my privileges would be suspended, but he also informed me that I could get an OLL. ????


???another question - Is the IACP (iacp.org) any kind of authority? I found this document on their website ( [url]http://iacp.org/div_sec_com/committees/PoliceTrafficPoliciesProcedures.pdf[/url] )

the relevant text in this document is:
"Officers will be familiar with all the legal requirements within the jurisdiction concern-ing offenses of operating under the influence of alcohol and/or drugs, including the special requirements pertaining to minors and commercial vehicle drivers. Officers will have a complete understanding of the existing driving while impaired law, the implied consent law, the administrative license suspension law, and relevant court decisions on impaired driving cases."
??? Is this document worth bringing up in court?

[FlyingRon]

Never rely on legal advice from a cop, even for the few times they are statutorily required to give it. They told you your license would be suspended. He did. IACP's ideas of what is useful for police to know has no statutory authority. By the way, you can get an OLL for first offenders after 60 days I believe.

However, there is a case (Garner v. Commonwealth) that says that defective information on the disclosure (in this case it omitted the more serious penalties for Garner being a repeat offender) can be used to vacate the refusal consequences.

You should consult a lawyer.

[PulledOverInPA]

Where would I find all the procedures PA police must follow when pulling someone over? What about processing/ dealing with impaired drivers?

[FlyingRon]

Originally Posted by PulledOverInPA

Where would I find all the procedures PA police must follow when pulling someone over? What about processing/ dealing with impaired drivers?

I suppose you could subpoena them. There's not a whole lot statutorily required. The disclosure prior to chemical test refusals are one of the very few.

Your best bet would be a lawyer.