COMMONWEALTH v. MYERS

No. 7 EAP 2016.

164 A.3d 1162 (2017)

COMMONWEALTH of Pennsylvania, Appellant, v. Darrell MYERS, Appellee.

Supreme Court of Pennsylvania.

DECIDED: July 19, 2017.


Attorney(s) appearing for the Case

Ronald Eisenberg, Esq. , Edward F. McCann Jr., Esq. , Philadelphia District Attorney's Office, Hugh J. Burns Jr., Esq. , Darby Grennan Sullivan, Esq. , Seth Williams, Esq. , for Appellant.

Karl Baker, Esq. , Defender Association of Philadelphia, Bradley Steven Bridge, Esq. , for Appellee.

Alisa Rebecca Hobart, Esq. , for Pennsylvania District Attorneys Association, Appellant Amicus Curiae.

Barbara A. Zemlock, Esq. , Perry Shore Weisenberger & Zemlock, for Pennsylvania Association of Criminal Defense Lawyers, Appellee Amicus Curiae.

Justice Wecht delivers the Opinion of the Court with respect to Parts I, II(A), II(B), and II(D), and announces the Judgment of the Court. The opinion is joined in full by Justices Donohue and Dougherty. Justice Todd joins Parts I, II(A), II(B), and II(D) of the opinion, as well as its mandate. Chief Justice Saylor files a concurring opinion, joined in full by Justice Baer and joined in part by Justice Donohue. Justice Mundy files a dissenting opinion.


OPINION

When a motorist drives on a road in Pennsylvania, the motorist is "deemed to have given consent" to chemical testing to determine whether he or she is driving under the influence of alcohol or a controlled substance ("DUI"), provided that a police officer first...

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