Bureau of Traffic Safety v. Herman

Opinion by

Judge Mencer,

The Department of Transportation, Bureau of Traffic Safety appeals the order of the Court of Common Pleas óf Allegheny County sustaining the appeal of Edward F. Herman, Jr. (appellee) from a suspension of his motor vehicle operator’s license for a period of six months pursuant to Section 624.1(a) of The Vehicle Code 1 for refusal to comply with a police officer’s request to submit to a breathalyzer test. We reverse.

At approximately 5:00 p.m. on February 9, 1977, appellee’s car was stopped by an officer of the Allegheny County Police Department after it was observed…