Barbour v. COM., DEPT. OF TRANSP.

OPINION

CAPPY, Justice.

The issue presented to this court is what constitutes “competent medical evidence” sufficient to show that a driver’s medical condition which was unrelated to consumption of alcohol rendered the driver’s refusal to undergo chemical testing unknowing. For the reasons which follow, we reverse the judgment of the Commonwealth Court.

Marshall Barbour (Appellant) was involved in a one-car accident. He was immediately transported to a hospital where he underwent surgery. Prior to Appellant being taken into surgery, the arresting officer asked Appellant to provide a blood sample…