Supreme Court of Pennsylvania, 2014

Nardone v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

Nardone v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
Supreme Court of Pennsylvania · Decided December 11, 2014
105 A.3d 658; 629 Pa. 317; 2014 Pa. LEXIS 3288 (Atlantic Reporter, Third Series)

Nardone v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

Opinion of the Court

ORDER

PER CURIAM.

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)?

Case-law data current through December 31, 2025. Source: CourtListener bulk data.