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Jellen v. Commonwealth

5/24/2005

34a. Appellant also testified that the officers explained that a voluntary blood test would not change the results of the refused breath test. Id. at 135a. There is nothing in the record to demonstrate that the officers informed Appellant that an independent blood test would cure the prior refusal. As the trial court concluded, Appellant "obtained the blood test on his own and any inkling of cure was due to [Appellant's] own misconceptions." Trial Court Opinion at p. 4-5. Accordingly, the order of the trial court is affirmed.


AND NOW, this 24th day of May, 2005, the order of the Court of Common Pleas of Northumberland County is affirmed.


JESS S. JIULIANTE, Senior Judge






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