Kelly v. Commonwealth

Opinion by

Judge MacPhail,

David Kelly (Appellant) appeals an order of the Court of Common Pleas of Washington County (trial court) which dismissed his appeal of a Department of Transportation (DOT) order suspending his operators license for a period of one year pursuant to Section 1547(b)(2) of the Vehicle Code, 75 Pa. C. S. § 1547(b)(2) (refusal to submit to chemical testing).

On July 27, 1985, the Appellant was involved in an automobile accident, subsequent to which he failed four field sobriety tests and was placed under arrest for driving under the influence of alcohol. He was thereafter…