Herbert v. Commonwealth

Opinion by

Judge Williams, Jr.,

In this appeal, appellant Philip Herbert seeks -reversal of an order of the Court of Common Pleas of Butler County upholding the suspension of appellant’s motor vehicle operator’s license by the Department of Transportation (Department). The Department suspended appellant’s driver’s license for refusal to comply with a police officer’s request to submit to a breathalyzer test.

Shortly ¡after midnight on July 19, 1980, appellant was involved in an automobile accident at the intersection of West Pearl Street and North Main Street in the City of Butler. Upon arrival…