Johnston v. Commonwealth

Opinion by

Senior Judge Kalish,

Appellant, Robert D. Johnston, appeals an order of the Court of Common Pleas of Lawrence County which dismissed his exceptions and affirmed an earlier order which sustained the suspension of appellants drivers license for refusal to take a breathalyzer test. We quash this appeal as untimely filed.

Appellant was placed under arrest for operating a motor vehicle while under the influence of alcohol. In addition to a finding of probable cause for the arrest, the trial court found that after appellant was informed of the effect of his refusal to submit to a…