
    Marshall R. BARBOUR, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent.
    Supreme Court of Pennsylvania.
    May 13, 1998.
   ORDER

PER CURIAM:

AND NOW, this 13th day of May, 1998, the Petition for Allowance of Appeal is hereby GRANTED. The parties are directed to address the following issue:

Whether the Commonwealth Court erred when it determined that Petitioner had failed to sustain his burden of proving that he was unable to give a conscious and knowing refusal of chemical testing.  