The legality of a DUI arrest is irrelevant in determining the propriety of a motorist’s license suspension under Pennsylvania’s Implied Consent Law, a divided Commonwealth Court panel has ruled.
The decision in Nornhold v. Commonwealth, Department of Transportation, PICS Case No. 05-1380 (Pa. Commw. Aug. 22, 2005) Leavitt, J.; Smith-Ribner, J., dissenting (19 pages), reinstates a one-year license suspension for Lesa Nornhold, whose case stemmed from a deemed refusal to submit to chemical testing in a 2003 arrest for driving under the influence of alcohol.
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