Nardone, J. Pet v. Dept of Transportation

M.D. Appeal Dkt. 141 2014

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT JOHN D. NARDONE, : No. 587 MAL 2014

:

Petitioner : Petition for Allowance of Appeal from the

: Order of the Commonwealth Court :

v. :

: :

COMMONWEALTH OF PENNSYLVANIA, :

DEPARTMENT OF TRANSPORTATION, :

BUREAU OF DRIVER LICENSING, :

:

Respondent :

ORDER

PER CURIAM DECIDED: December 11, 2014

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)?