Opinion · Supreme Court of Pennsylvania
Nardone v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
105 A.3d 658
- Type
- Opinion
- Court
- Supreme Court of Pennsylvania
- Jurisdiction
- Pennsylvania
- Date
- 2014-12-11
- Topic
- general
John D. NARDONE, Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent. Supreme Court of Pennsylvania. Dec. 11, 2014.
Citator
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John D. NARDONE, Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent.
Supreme Court of Pennsylvania.
Dec. 11, 2014.
ORDER
AND NOW, this 11th day of December, 2014, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are:
(1) Whether, in response to a police request for chemical testing arising out of a D.U.I. arrest, a motorist has a statutory right to request alternative chemical testing under section 1547(i) of the Motor Vehicle Code (75 Pa.C.S.A. § 1547(i))?
(2) If a motorist has a statutory right to request alternative chemical testing under section 1547(i) of the Motor Vehicle Code when arrested for a D.U.I., does section 1547 require that any such request be conditioned upon the motorist having a medical condition preventing him from undergoing the chemical test requested by the police?
(3) Whether, in response to a police request for chemical testing arising out of a D.U.I. arrest, a motorist’s request for alternative chemical testing, without more, constitutes a refusal to undergo chemical testing under 75 Pa.C.S.A. § 1547(b)(1)?