Commonwealth v. Danforth

I respectfully dissent. I would affirm judgment of sentence imposed for appellant’s conviction of drunk driving. I would not address the constitutionality of 42 Pa.C.S.A. § 1547(a)(2), as I find that appellant’s express consent was voluntary and valid, and so would find recourse to statutory implied consent unnecessary to uphold the search (by blood test) challenged here. Nonetheless, as the majority base their disposition of this appeal on that ground, I shall commence my dissent by explaining my views on the implied consent issue, before proceeding to explain, at length, why I disagree with…