Ercolani v. Commonwealth

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. The majority holds that the Court of Common Pleas of Montgomery County (trial court) erred in allowing Gregory C. Ercolani’s nunc pro tune appeal. As a result, the majority does not address whether the trial court erred in concluding that the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (DOT) failed to meet its burden of proving that Ercolani refused to submit to a blood test. For the reasons that follow, I cannot agree that the trial court erred in allowing Ercolani’s nunc pro tunc appeal or…