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COM. v. MILLER

No. 884 MDA 2008

996 A.2d 508 (2010)

COMMONWEALTH of Pennsylvania, Appellant v. Keith A. MILLER, Appellee.

Superior Court of Pennsylvania.

Filed May 24, 2010.

Attorney(s) appearing for the Case

Alisa R. Hobart, Asst. Dist. Atty., for Com., appellant.

Lawrence J. Hracho, Reading, for appellee.

BEFORE: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN, and ALLEN, JJ.

OPINION BY GANTMAN, J.:

¶ 1 Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the Berks County Court of Common Pleas erred when it suppressed the results of a blood alcohol test performed on Appellee, Keith A. Miller, at a hospital following a motor vehicle accident. We hold the court improperly suppressed the results of Appellee's blood alcohol test because the blood draw was conducted for independent...

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