Commonwealth, Department of Transportation v. Harper

Opinion by

Judge Barry,

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of Philadelphia County which sustained an appeal of Alex E. Harper and reversed a one year suspension of Harpers operating privileges imposed by DOT pursuant to 75 Pa. C. S. §1547.

Harper was arrested and charged with driving while intoxicated. The arresting officer took Harper to the Police Department Administration Building in order to *318give him a breathalyzer test. The breathalyzer operator testified that Harper put the mouthpiece of the testing device in his…