The Pennsylvania Supreme Court has acknowledged that Section 3755 was “inartfully drafted”

Submitted by Professional License Defense Attorney, Richard Hark. The Pennsylvania Supreme Court has ruled that warrantless blood draws based on “probable cause” of driving under the influence permitted by 75 Pa.C.S.A. 3755 are unconstitutional.  Nurses and emergency room blood draws are unconstitutional.   In the past, the Supreme Court ruled that 3755(a) required “hospital personnel, in…

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