PennDOT v. MILLER

No. 157 of 1992.

14 Pa. D. & C. 4th 646 (1992)

PennDOT v. Miller

Common Pleas Court of Warren County, Pennsylvania.

July 6, 1992.


Attorney(s) appearing for the Case

Chet Karas, assistant counsel, for PennDOT.

James C. Blackman, for appellant.


WOLFE, P.J., July 6, 1992.

The sole issue in this case is if defendant's refusal to submit to chemical testing of his blood after his arrest for operating while under the influence under section 3731 of the Motor Vehicle Code was justified. For the reasons hereinafter stated we hold it was not.

Defendant was arrested following a traffic accident on February 28, 1992, and was transported to the Warren General Hospital for a blood extraction to determine...

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