Commonwealth v. McFadden

OPINION OF THE COURT

PAPADAKOS, Justice.

Harry McFadden, Appellant, has appealed to this Court from the Opinion and Order of the Commonwealth Court, 108 Pa.Cmwlth. 194, 529 A.2d 88 (1987), affirming the order of the Court of Common Pleas of Montgomery County sustaining the suspension of Appellant’s driver’s license for one year for his failure to submit to a breathalyzer test as required by Section 1547 of the Motor Vehicle Code, 75 Pa.C.S. § 1547.

The facts are not in dispute and can be briefly stated. On January 4, 1985, Officer Robert Twist of the Ambler Borough Police Department observed…