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

OPINION BY

Judge BUTLER.

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) sustaining the appeal of Edward Solomon (Solomon) of his one year license suspension for his refusal to submit to a chemical test pursuant to Section 1547(b)(1) of the Vehicle Code, as amended, 75 Pa.C.S. § 1547(b)(1). PennDOT presents two issues before this Court: 1) whether Solomon was operating or in physical control of the movement of his vehicle while he was intoxicated, and 2)…