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OCCHIBONE v. COM.

542 Pa. 588 (1995)

669 A.2d 326

David Allen OCCHIBONE, Appellant, v. COMMONWEALTH of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellees.

Supreme Court of Pennsylvania.

Decided December 28, 1995.

Attorney(s) appearing for the Case

Phillip L. Clark, Jr., for D. Occhibone.

Timothy P. Wile, Chester J. Karas, Jr., Harold H. Cramer, for Penndot.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

MONTEMURO, Justice.

Appellant, David Allen Occhibone, appeals from an order of the Commonwealth Court which affirmed the order of the Court of Common Pleas of Lawrence County dismissing Appellant's statutory appeal. This case raises a question of first impression, whether a motorist charged with a violation of the Implied Consent Law must receive the request to submit to chemical testing from a police officer.

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