Commonwealth v. Mihalaki

Opinion by

Judge Doyle,

The Pennsylvania Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Cambria County, which sustained the appeal of Paul Mihalaki, and reversed DOT’s suspension of Mihalaki’s driver’s license for one year for refusal to submit to chemical testing. We reverse.

Mihalaki was involved in an automobile accident on October 22, 1987. He was transported to the hospital, where Lieutenant Vitko of the Johnstown Police Department questioned Mihalaki about, the accident. After smelling alcohol on Mihalaki’s breath, the lieutenant arrested Mihalaki…