Commonwealth v. Elliott

Opinion by

Senior Judge Narick,

The Court of Common Pleas of Westmoreland County, after a hearing de novo, sustained the appeal of C. Eugene Elliott (Elliott) and reversed the one year suspension of Elliotts operators license by the Department of Transportation (Department) pursuant to Section 1547(b)(1) of the Vehicle Code (Code)1 (refusal to submit to an intoxilyzer test). The Department appeals this order by the trial court. We reverse.

On June 13, 1987, Pennsylvania State Trooper Marcina Robinson stopped Elliott for travelling at an excessive rate of speed. Trooper Robinson testified that *591upo…