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BARBOUR v. COM., DEPT. OF TRANSP.

557 Pa. 189 (1999)

732 A.2d 1157

Marshall R. BARBOUR, Appellant, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee.

Supreme Court of Pennsylvania.

Decided May 20, 1999.

Attorney(s) appearing for the Case

Martin W. Sheerer, Pittsburgh, for Marshal R. Barbour.

Timothy P. Wile, Harold H. Cramer, Harrisburg, for Penndot.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

CAPPY, Justice.

The issue presented to this court is what constitutes "competent medical evidence" sufficient to show that a driver's medical condition which was unrelated to consumption of alcohol rendered the driver's refusal to undergo chemical testing unknowing. For the reasons which follow, we reverse the judgment of the Commonwealth Court.

Marshall Barbour (Appellant) was involved in a one-car accident. He was immediately transported...

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