Cook v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

I respectfully dissent. The majority relies upon Gomo1 in which this Court, by the opinion of Judge Pellegrini, reversed the trial court, sustained the appeal of the licensee and held that the warning provided by the police was inadequate under Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242, 555 A.2d 873 (1989), because the police only informed the motorist that he was not entitled to an attorney. Our Supreme Court reversed this court’s opinion in Gomo, per curiam,2 citing Frain.3

The case sub judice significantly differs from Gomo. In Gomo, Miranda4 warnings…