Clearing up confusing precedent in license suspension cases, an expanded Pennsylvania appellate court has determined that sitting in the driver’s seat of a running vehicle while intoxicated creates sufficient grounds for police to require that person to undergo chemical testing.

A split en banc Commonwealth Court panel ruled Nov. 21 in Bold v. Department of Transportation that the arresting officer in the case properly required the intoxicated man—Thomas Bold—to undergo chemical testing, despite the fact that his vehicle was stationary when the arrest was made and there was no indication he had been driving.

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