Commonwealth v. Carter

TOOLE, J.,

This matter comes before the court on appeal of Jerry J. Carter from the Department of Transportation’s suspension of his motor vehicle operator’s license for an alleged refusal to submit to a blood test.

On October 14, 1988, Officer Eric Morgantini, of the Forty Fort Police Department, was dispatched to an accident scene at 1219 Murray Street, Forty Fort Borough, Luzerne County, Pennsylvania. As he approached, he observed a vehicle that had apparently driven into the property and he observed spectators pulling defendant operator from the vehicle. When the officer tried to talk to…