Background
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Judith MoBilio, : Appellant : : No. 243 C.D. 2025 v. : : Submitted: June 16, 2026 Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing : BEFORE: HONORABLE LORI A. TSAI, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE DUMAS FILED: July 21, 2026 Judith MoBilio (Appellant) appeals from the order entered by the Lehigh County Court of Common Pleas (Common Pleas), dated February 11, 2025. Through that order, Common Pleas denied Appellant’s appeal regarding the suspension of her driver’s license by the Commonwealth of Pennsylvania, Department of Transportation (Department), Bureau of Driver Licensing (Bureau). BACKGROUND1 On May 14, 2024, Pennsylvania State Police Trooper Armond Pacentine pulled Appellant over after observing her driving erratically along 1 We draw this section’s substance from Common Pleas’ opinion regarding this matter. See generally Common Pleas Op., 4/14/2025. westbound Route 22 at approximately 1 a.m. Trooper Pacentine then conducted field sobriety tests, which Appellant failed, and then asked Appellant to take a preliminary roadside breathalyzer test, which Appellant declined to do. Trooper Pacentine then arrested Appellant for suspected driving under the influence (DUI) and transported her to the Lehigh County Central Booking Center (Center).
BACKGROUND1 On May 14, 2024, Pennsylvania State Police Trooper Armond Pacentine pulled Appellant over after observing her driving erratically along 1 We draw this section’s substance from Common Pleas’ opinion regarding this matter. See generally Common Pleas Op., 4/14/2025. westbound Route 22 at approximately 1 a.m. Trooper Pacentine then conducted field sobriety tests, which Appellant failed, and then asked Appellant to take a preliminary roadside breathalyzer test, which Appellant declined to do. Trooper Pacentine then arrested Appellant for suspected driving under the influence (DUI) and transported her to the Lehigh County Central Booking Center (Center). While at the Center, Trooper Pacentine read a DL-26B form2 to Appellant and verbally requested that Appellant submit to chemical testing in order to determine Appellant’s blood-alcohol level. Appellant responded by repeatedly asking Trooper Pacentine questions over the course of the following 10 minutes about why she had been stopped and arrested, as well as regarding the chemical testing requirement, which Trooper Pacentine answered. Trooper Pacentine also specifically informed Appellant that her failure to clearly and affirmatively agree to be tested would be considered a refusal, but Appellant nevertheless continued to question him instead of assenting to his request. Trooper Pacentine then signed the DL-26B form and stated thereon that he had read the form to Appellant and had informed her of the consequences that would result if she did not agree to be tested, as well as that Appellant had nevertheless failed to consent to such testing.
The Court’s Holding
CONCLUSION In accordance with the foregoing analysis, we affirm Common Pleas’ February 11, 2025 order. DUMAS, Judge 9 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Judith MoBilio, : Appellant : : No. 243 C.D. 2025 v. : : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing : ORDER AND NOW, this 21st day of July, 2026, it is hereby ORDERED that the order of the Lehigh County Court of Common Pleas, dated February 11, 2025, is AFFIRMED.
The decision applies Pennsylvania law to the issues preserved in this appeal and explains the governing standard in the court’s own terms. The disposition controls the parties’ next steps and supplies guidance for litigants confronting the same procedural or substantive question.
Key Takeaways
- CONCLUSION In accordance with the foregoing analysis, we affirm Common Pleas’ February 11, 2025 order.
- DUMAS, Judge 9 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Judith MoBilio, : Appellant : : No. 243 C.D. 2025 v. : : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing : ORDER AND NOW, this 21st day of July, 2026, it is hereby ORDERED that the order of the Lehigh County Court of Common Pleas, dated February 11, 2025, is AFFIRMED.
- Trooper Pacentine then conducted field sobriety tests, which Appellant failed, and then asked Appellant to take a preliminary roadside breathalyzer test, which Appellant declined to do.
Why It Matters
CONCLUSION In accordance with the foregoing analysis, we affirm Common Pleas’ February 11, 2025 order. Pennsylvania practitioners should read the ruling with particular attention to the court’s treatment of preservation, the applicable standard, and the remedy. Those points will shape how comparable claims are framed in trial courts and reviewed on appeal.