Commonwealth, Department of Transportation v. Firestone

Opinion by

Judge Craig,

The Department of Transportation, Bureau of Driver Licensing appeals an order of the Court of Common Pleas of Westmoreland County which sustained the appeal of Richard Jay Firestone from a one-year suspension of his operating privilege for refusing to submit to a chemical breath test. Section 1547(b) of the Vehicle Code, as amended, 75 Pa. C. S. § 1547(b).* 1

*500To prevail upon appeal in a license suspension case under § 1547(b) of the Code, the state must prove that the driver (1) was placed under arrest for driving while under the influence of alcohol; (2) was requested by…