Summary
In Commonwealth v. McCann, 529 Pa. 444, 604 A.2d 1027 (1992), the Court expanded the decision in Danforth, In McCann, the motorist had not been advised of his Miranda rights, yet had requested to speak with counsel before taking a breathalyzer test.
Summary of this case from Commonwealth, Dept. of Trans. v. ScottOpinion
Argued March 12, 1992.
Decided April 16, 1992.
Appeal No. 27 W.D. Appeal Dkt. 1991 from Order of Commonwealth Court entered October 4, 1990, at No. 775 C.D. 1989, Affirming Order of Court of Common Pleas of Allegheny County, Civil Division, entered March 23, 1990, at No. S.A. 2721-88.
Joseph E. Vogrin, III, Scott, Vogrin Riester, Pittsburgh, for appellant.
Harold H. Cramer, Assistant Chief Counsel, Dept. of Transp., Harrisburg, for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.
ORDER
The Court being equally divided, the Order of the Commonwealth Court, 135 Pa. Commw. 669, 582 A.2d 438, remains in effect.
NIX, C.J., did not participate in the consideration or decision of this case.
FLAHERTY, McDERMOTT and PAPDAKOS, JJ., would dismiss the appeal as having been improvidently granted.
LARSEN, ZAPPALA and CAPPY, JJ., dissent.