Reinhart v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION BY

Judge SIMPSON.

The Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals an order of the Court of Common Pleas of Montgomery County (trial court) that sustained Richard A. Reinhart’s (Licensee) appeal of a one-year suspension of his operating privilege based on his reported refusal to submit to chemical testing. 1 PennDOT asserts the trial court erred in sustaining Licensee’s appeal where the credited evidence established Licensee deliberately failed to provide two adequate breath samples after initially agreeing to submit to a breathalyzer test. Contrary to…