COM., DEPT. OF TRANS. v. Scott

OPINION OF THE COURT

CAPPY, Justice.

The issue presented in the instant case is whether the Commonwealth Court erred as matter of law in concluding that a motorist who had been provided with a legally sufficient O’Connell 1 warning, could still establish that, upon request to submit to chemical testing under the Implied Consent Law, he was so confused about the applicability of his Miranda 2 rights that he did not knowingly or consciously refuse to submit to the testing. For the reasons that follow, we find that the Commonwealth Court committed an error of law in finding that a motorist, who…