- Associated Press - Wednesday, January 18, 2017

HARRISBURG, Pa. (AP) - A state appeals court has ruled that a suburban Pennsylvania man accused of driving under the influence was improperly penalized during sentencing for refusing to submit to a blood test.

The Philadelphia Inquirer (https://bit.ly/2iP5NsJ ) reports that the Superior Court ruling came in the Chester County case of Hemant Kohli, who twice refused to have his blood drawn for testing after he was arrested in Caln Township in 2013.

Senior Judge John Musmanno, writing for the unanimous three-judge panel, cited a U.S. Supreme Court ruling that warrantless blood tests are an unconstitutional invasion of privacy.

The non-precedential decision can’t be cited by parties in future cases.


This story has been corrected to say that decision is non-precedential rather than setting a precedent.


Information from: The Philadelphia Inquirer, https://www.inquirer.com

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