Commonwealth, Aplt. v. Myers, D.

I agree with the affirmance of the Superior Court but on materially different grounds.

I

As concerns the issue of statutory construction, my view of Section 1547 of the Vehicle Code, see 75 Pa.C.S. § 1547, substantially aligns with that of Justice Mun-dy. See Dissenting Opinion, at 1184-87. However, as to the constitutional aspect, I believe that the criminal penalties attached to a refusal to take a blood test render the statutory scheme in violation of the Fourth Amendment to the United States Constitution pursuant to .the United States Supreme Court’s- decision in. Birchfield v. North…