(DOWNLOAD) "Commonwealth Pennsylvania Department" by Supreme Court of Pennsylvania ~ eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania Department
- Author : Supreme Court of Pennsylvania
- Release Date : January 13, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
JUSTICE MONTEMURO The issue raised in these consolidated appeals is whether the police satisfied the warning requirements set out by this Court
in Commonwealth, Dept. of Transp., Bureau of Traffic Safety v. O'Connell, 521 Pa. 242, 555 A.2d 873 (1989), even though the
police failed to explain to a licensee the reason why his constitutional Miranda 1 rights are inapplicable to chemical
testing pursuant to the implied consent provision of the Motor Vehicle Code, 75 Pa. C.S. § 1547 (a) (1982). 2
We hold that the police need not clarify for the motorist the distinction between criminal proceedings, where the right to
counsel applies, and civil proceedings, where it does not; accordingly, we affirm.
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