M.D. Appeal Dkt.
141 2014
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
JOHN D. NARDONE, : No. 587 MAL 2014
:
Petitioner : Petition for Allowance of Appeal from the
: Order of the Commonwealth Court
:
v. :
:
:
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
:
Respondent :
ORDER
PER CURIAM DECIDED: December 11, 2014
AND NOW, this 11th day of December, 2014, the Petition for Allowance of
Appeal is GRANTED. The issues, as stated by Petitioner, are:
(1) Whether, in response to a police request for chemical testing
arising out of a D.U.I arrest, a motorist has a statutory right to
request alternative chemical testing under section 1547(i) of the
Motor Vehicle Code (75 Pa.C.S.A. § 1547(i))?
(2) If a motorist has a statutory right to request alternative chemical
testing under section 1547(i) of the Motor Vehicle Code when
arrested for a D.U.I., does section 1547 require that any such
request be conditioned upon the motorist having a medical
condition preventing him from undergoing the chemical test
requested by the police?
(3) Whether, in response to a police request for chemical testing
arising out of a D.U.I. arrest, a motorist's request for alternative
chemical testing, without more, constitutes a refusal to undergo
chemical testing under 75 Pa.C.S.A. § 1547(b)(1)?