Kelly v. Commonwealth

Dissenting Opinion by

President Judge Crumlish, Jr.:

I respectfully dissent.

The majority would hold that the warning given Kelly complies with the mandate of the Vehicle Code that “[i]t shall be the duty of the police officer to inform the person that the persons operating privilege will be suspended upon refusal to submit to chemical testing.” 75 Pa. C. S. §1547(b)(2).

*5In Peppelman v. Department of Transportation, Bureau of Traffic Safety, 44 Pa. Commonwealth Ct. 262, 403 A.2d 1041 (1979), we held that the warning or notice requirement is to be strictly construed.. Moreover, in Everhart v.…