PennDOT v. Fisher

DOWLING, J.,

Mr. Fisher has appealed from a one-year suspension of his driving privileges for refusing to properly perform chemical testing as required under 75 Pa.C.S. §1547(b).

At a de novo hearing, the Commonwealth’s undisputed evidence established that the appellant *560blew one valid sample (0.23 percent), but did not give a second sample until more than three minutes later which, although registering 0.218 percent, was recorded by the machine as an insufficient reading. Ralph Markel, who was conducting the testing at the booking center, stated that after this occurred, “I offered him a second…