Commonwealth v. Barr

OPINION BY

OLSON, J.:

Appellant, Jason C. Barr, appeals from the judgment of sentence entered on November 14, 2012. We vacate Appellant’s judgment of sentence in part and remand for a new trial, limited to the issue of whether Appellant “refused” to submit to a chemical blood test.

At approximately 8:30 p.m. on September 14, 2011, Appellant was involved in a single vehicle accident where both he and his passenger were injured. Later, while Appellant was being treated in a hospital, the Pennsylvania State Police arrested Appellant and charged him with driving under the influence of alcohol…