Commonwealth v. Michalec

Opinion by

Judge Williams, Jr.,

This is an appeal by the Pennsylvania Department of Transportation (Department) from an order of the Court of Common Pleas of Allegheny County sustaining the appeal of Gary Allen Miehalec from the suspension of his motor vehicle operating privileges. The Department had suspended Miehalec’s license for his refusal to submit to a test to determine the alcoholic content of his blood.1

Miehalec, the instant appellee, was involved in a two-car accident on July 17, 1977. The investigating police officer detected the odor of alcohol on Miehalec; but because the appellee…