Commonwealth, Department of Transportation v. Morris

KELLEY, Judge.

John Robert Morris (Morris) appeals from an order of the Court of Common Pleas of Perry County (trial court) which denied Morris’ appeal of a one-year suspension of his operating privileges by the Department of Transportation, Bureau of Driver Licensing (department) for refusal to submit to a breathalyzer test pursuant to section 1547 of the Vehicle Code (Code), 75 Pa.C.S. § 1547. We reverse.

The relevant facts are as follows. On the evening of March 1, 1991, Officer Gino Santamaría (Santamaría) pursued and eventually forced off the road the automobile operated by Morris for…