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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
DHRUV PATEL : No. 682 MDA 2017
Appeal from the Order Entered March 21, 2017
In the Court of Common Pleas of Berks County
Criminal Division at No(s): CP-06-CR-0001435-2016
BEFORE: PANELLA, J., SHOGAN, J., and FITZGERALD*, J.
JUDGMENT ORDER BY PANELLA, J. FILED DECEMBER 08, 2017
The Commonwealth of Pennsylvania appeals from an order
suppressing the results of a blood test administered after Appellee, Dhruv
Patel, was arrested for suspicion of driving under the influence. The
Commonwealth argues Birchfield v. North Dakota, 136 S.Ct. 2160
(2016), does not invalidate Pennsylvania’s doctrine of implied consent when
the defendant is charged with driving under the influence of narcotics.1
However, the Commonwealth concedes that Commonwealth v. Ennels,
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1 The factual record before the suppression court consisted entirely of a six
sentence stipulation of facts and the DL-26 (Chemical Testing Warnings)
form signed by Patel. Neither of these documents reference the narcotics
which were revealed in the blood test.
* Former Justice specially assigned to the Superior Court.
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167 A.3d 716 (Pa. Super. 2017), controls the outcome in this case. See
Appellant’s Brief, at 4. The Commonwealth indicates that it desired to
preserve the issue while its petition for reargument en banc in Ennels was
pending.
That petition was denied, and Ennels thus stands as controlling
precedent in this case. See Sorber v. American Motorists Ins. Co., 680
A.2d 881, 882 (Pa. Super. 1996). As the Commonwealth recognizes, Ennels
rejected the argument it raises in this appeal. We therefore conclude that no
relief is due.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/10/2017
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