Opinion
J-94-2016 No. 7 EAP 2016
07-19-2017
COMMONWEALTH OF PENNSYLVANIA, Appellant v. DARRELL MYERS, Appellee
[MO: Wecht, J.] Appeal from the Judgment of the Superior Court entered on June 15, 2016 at No. 2774 EDA 2013 affirming the Order entered on August 27, 2013 in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. MC-51-CR-0052681-2012 CONCURRING OPINION JUSTICE TODD
I agree with the majority that, under 75 Pa.C.S. § 1547, Myers had an unequivocal statutory right to refuse blood testing. Furthermore, I agree that statutory right was violated in the instant case. Finally, and as a result, I agree that suppression was warranted. See Commonwealth v. Eisenhart, 611 A.2d 681, 683 (Pa. 1992) ("blood test results acquired in contravention of [Section 1547] must be suppressed"). In my view, the statutory analysis suffices to resolve the issue before us, and so I would not address the constitutional dimensions. Accordingly, I join Parts I, II.A, II.B, and II.D of the Majority Opinion, and its mandate, but do not join the remainder.