PennDOT v. Cole

JOYCE, J.,

This matter is before the court as a result of defendant’s appeal of the suspension of his driver’s license for refusal to submit to a blood test. Defendant contends that his refusal wás vitiated when the arresting officer obtained a blood test without defendant’s permission in violation of 75 Pa.C.S. § 1547(b).

Novel as defendant’s argument may be, this court is in agreement with the Commonwealth Court’s decision in Lane v. Dept. of Transportation, 124 Pa. Commw. 246, 556 A.2d 12 (1989). There, the appellant also relied on the language of section 1547(b)(1) which states that…