Commonwealth v. Rafferty

In this case, we must decide whether the Commonwealth can appeal from a finding of not guilty in a prosecution for unreasonably refusing to submit to a blood or breath alcohol test. If the Commonwealth can appeal, then we must decide which appellate court has jurisdiction. Finally, if this Court has jurisdiction, we must decide (1) whether the defendant can be charged by summons rather than by warrant, and (2) whether the magistrate’s certificate of refusal must be attached to the summons or warrant.

On April 30, 1988, James Joseph Rafferty was arrested on a charge of drunk driving and offered…