Nardone, J. v. Dept of Transportation - No. (Granted) (petitions for allowance of appeal)
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M.D. Appeal Dkt. 141 2014 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT : No. 587 MAL 2014 : : Petition for Allowance of Appeal from the Petitioner : Order of the Commonwealth Court : : v. : : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : : BUREAU OF DRIVER LICENSING, : : Respondent JOHN D. NARDONE, 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)?
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