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COMMONWEALTH PENNSYLVANIA v. JAMES W. KNOWLES (03/09/88)

filed: March 9, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES W. KNOWLES, APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas, Monroe County, Criminal Division, at No. 798-1986.

COUNSEL

Mark S. Love, Mount Pocono, for appellant.

Jane Roach, Assistant District Attorney, Allentown, for Com., appellee.

Cirillo, President Judge, and Brosky and Beck, JJ.

Author: Brosky

[ 373 Pa. Super. Page 204]

This is an appeal from the judgment of sentence following appellant's jury conviction of driving under the influence (75 Pa.C.S.A. § 3731).*fn1

[ 373 Pa. Super. Page 205]

This appeal presents three issues for our consideration: (1) whether an accused must be informed of his right to have a physician of his own choice administer another chemical test; (2) whether a defendant meeting all admission criteria for A.R.D. acceptance, except for an imposed limitation on blood alcohol content, should be allowed admission into the program; and (3) whether the Monroe County A.R.D. program blood alcohol limitation criterion violates Pa.R.Crim.P. 6(c). Because none of these issues has merit, we affirm.

Appellant first argues that he should have been notified of his right to have a second blood sample drawn and tested by a physician of his own choice. Appellant requested a blood test and was transported to Pocono Hospital where one was administered in the presence of the arresting officer and after appellant was advised, in compliance with 75 Pa.C.S.A. § 1547(b)(1) and (2), that his failure to submit to chemical testing would result in a twelve-month license suspension by Penn Dot. The result of that blood test evinced a reading of .30 percent blood alcohol.

Section 1547(h) and (i), 75 Pa.C.S.A. § 1547(h) and (i) provides:

§ 1547. Chemical testing to determine amount of alcohol or controlled substance.

(h) Test by personal physician. -- The person tested shall be permitted to have a physician of his own choosing administer an additional breath, blood or urine chemical test and the results of the test shall also be admissible in evidence. The chemical testing given at the direction of the police ...


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