[J-94-2016] [MO: Wecht, J.]

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 7 EAP 2016 : Appellant : Appeal from the Judgment of the : Superior Court entered on June 15, : 2016 at No. 2774 EDA 2013 affirming v. : the Order entered on August 27, 2013 in : the Court of Common Pleas of : Philadelphia County, Criminal Division, DARRELL MYERS, : at No. MC-51-CR-0052681-2012 : Appellee : ARGUED: September 14, 2016

CONCURRING OPINION

JUSTICE TODD DECIDED: July 19, 2017 I agree with the majority that, under 75 Pa.C.S. § 1547, Myers had an unequivocal statutory right to refuse blood testing. Furthermore, I agree that statutory right was violated in the instant case. Finally, and as a result, I agree that suppression was warranted. See Commonwealth v. Eisenhart, 611 A.2d 681, 683 (Pa. 1992) (“blood test results acquired in contravention of [Section 1547] must be suppressed”).

In my view, the statutory analysis suffices to resolve the issue before us, and so I would not address the constitutional dimensions. Accordingly, I join Parts I, II.A, II.B, and II.D of the Majority Opinion, and its mandate, but do not join the remainder.