Opinion
J-S86021-16 No. 449 WDA 2016
04-04-2017
COMMONWEALTH OF PENNSYLVANIA v. GARRETT J. GAETANO Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence February 25, 2016
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0013376-2015 BEFORE: GANTMAN, P.J., MOULTON, J., and STEVENS, P.J.E. DISSENTING MEMORANDUM BY STEVENS, P.J.E.:
Former Justice specially assigned to the Superior Court. --------
The circumstances of this case do not run afoul of the precedent set forth in Birchfield v. North Dakota , ___U.S.___, 136 S.Ct. 2160, 2186, 195 L.Ed.2d 560 (2016) in which the Supreme Court of the United States held that motorists suspected of driving under the influence "cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense." Appellant's consent to the blood draw was valid as he was not threatened that a blood draw refusal would lead to criminal penalties, but was simply informed that a blood draw refusal would lead to license suspension and other civil penalties through PennDOT. As it is unnecessary to remand this case for further development, I respectfully dissent.