Gresh v. Commonwealth, Department of Transportation, Bureau of Traffic Safety

Opinion by

Judge Williams, Jr.,

Appellant Russell L. Gresh, Jr. has appealed to this Court from an order of the Court of Common Pleas of Montgomery County, dated February 4, 1981. The court’s order upheld the Department of Transportation’s (Department) suspension of appellant’s motor vehicle operator’s license for his refusal to submit to a breathalyzer test.

At approximately 1:00 A.M. on July 25, 1980, Patrolman Robert Auch of the Lower Pottsgrove Township Police Department received a call to investigate an automobile accident. Upon arrival at the accident scene, the officer found appellant…