Commonwealth v. Danforth

OPINION OF THE COURT

CAPPY, Justice.

The question before us is whether appellant, John Martin Danforth was capable of making a knowing and conscious refusal to submit to chemical testing pursuant to Section 1547(b) of the Vehicle Code,1 where the arresting officer advised Danforth of his Miranda2 rights, but failed to inform Danforth that he did not have a right to speak with an attorney concerning the request for chemical testing. We find that Danforth was not capable of making a knowing and conscious refusal to submit to chemical testing, and reverse the decision of the Commonwealth Court.

On…