COM., DEPT. OF TRANSP. v. Humphrey

COLINS, Judge.

The Department of Transportation, Bureau of Driver Licensing (Department) appeals an order of the Wyoming County Court of Common Pleas (trial court) which sustained Carole A. Humphrey’s (Humphrey) appeal from the suspension of her driver’s license. The Department imposed a one-year suspension, because Humphrey refused to submit to a blood alcohol test, given by a police officer, pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa.C.S. § 1547(b). Following a de novo hearing, the trial court found that Humphrey was unable to make a knowing and conscious refusal to submit…