Two very similar cases involving challenges to the language of a warning on the implied consent form police officers give to DUI suspects have deeply divided the Commonwealth Court.
In both of the nearly identical cases, an en banc panel ruled 4-3 that the first sentence of Warning 3 on the Pennsylvania Department of Transportation’s August 2006 DL-26 Implied Consent Form was not vague, reversing an Allegheny County trial court’s ruling in one case and affirming it in the other.
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