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COM. v. DANFORTH

530 Pa. 327 (1992)

608 A.2d 1044

COMMONWEALTH of Pennsylvania, Appellee, v. John Martin DANFORTH, Appellant.

Supreme Court of Pennsylvania.

Decided May 22, 1992.

Attorney(s) appearing for the Case

Dennis B. Rafferty, Latrobe, Barbara J. Artuso, Greensburg, for appellant.

Timothy P. Wile, Harold H. Cramer, Dept. of Transp., Harrisburg, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

CAPPY, Justice.

The question before us is whether appellant, John Martin Danforth was capable of making a knowing and conscious refusal to submit to chemical testing pursuant to Section 1547(b) of the Vehicle Code,1 where the arresting officer advised Danforth of his Miranda2 rights, but failed to inform Danforth that he did not have a right to speak with an attorney concerning...

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