Marinaro v. Commonwealth

SMITH, Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT), appeals from the order of the Court of Common Pleas of Delaware County (trial court) that sustained the one-year license suspension appeal of Licensee Anthony J. Marinaro. DOT imposed the suspension pursuant to Section 1547 of the Vehicle Code, as amended, 75 Pa.C.S. § 1547, as a result of Licensee’s refusal to submit to chemical testing. DOT questions whether the trial court’s finding that Licensee was physically incapable of successfully performing a breath test due to an anxiety attack is supported by…