Occhibone v. Commonwealth

OPINION

MONTEMURO, Justice.

Appellant, David Allen Occhibone, appeals from an order of the Commonwealth Court which affirmed the order of the Court of Common Pleas of Lawrence County dismissing Appellant’s statutory appeal. This case raises a question of first impression, whether a motorist charged with a violation of the Implied Consent Law must receive the request to submit to chemical testing from a police officer.

*590On September 20, 1992 at approximately 2:10 a.m., Appellant was driving north on Route 18, a four lane undivided highway. Pennsylvania State Troopers Moore and Hov, observing that…