Lucas v. Commonwealth, Department of Transportation

OPINION BY

Judge COHN.

Troy Lynn Lucas (Licensee) appeals an order of the Court of Common Pleas of Cambria County that upheld the suspension of his driver’s license by the Department of Transportation, Bureau of Driver Licensing (Department), on the basis that he had failed to submit to chemical testing under Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b), commonly referred to as the Implied Consent provision. On appeal Licensee asserts that the Department never proved: 1) that he had refused to submit to the testing, and 2) that he was advised that the consequence of a refusal to…