COM., DEPT. OF TRANSP. v. Peck

BARBIERI, Senior Judge.

The Department of Transportation (DOT) appeals here an order of the Court of Common Pleas of Montgomery County sustaining the appeal of Christopher Peck (Peck) whose operating privileges were suspended because he refused to take a breathalyzer test1. We reverse.2

The arresting officer, called by DOT, testified that on November 14, 1987, at 1:13 A.M. he observed Peck’s vehicle driven from the center line of the highway onto the shoulder and, while driving in the southbound lane of the highway he proceeded into the northbound lane twice. The officer pursued Peck’s vehicle,…