Commonwealth v. Redman, R.

170 A.3d 1024

Opinion

ORDER

PER CURIAM

AND NOW, this 31st day of August, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. The issue, as stated by Petitioner, is:

Whether the Superior Court’s decision conflicts with another Superior Court decision by holding in the instant case that a warrantless legal blood draw can be administered on an unconscious driver where the police officer has probable cause to arrest the driver which is in direct conflict with the holding of the published opinion in Commonwealth v. Myers[, 118 A.3d 1122 (Pa. Super. 2015) ]?

The order of the Superior Court is VACATED, and the case is REMANDED for reconsideration in light of Commonwealth v. Myers, 164 A.3d 1162, 2017 WL 3045867 (Pa. 2017). Allocatur is DENIED without prejudice as to all remaining issues, as the Superior Court has not yet considered them in the first instance, and it may do so on remand.