DiGiovanni v. Commonwealth, Department of Transportation

FLAHERTY, Judge.

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Delaware County (trial court) which sustained the statutory appeal of Mark J. DiGiovanni (Licensee) from a one year suspension of his operating privileges imposed by the Department pursuant to Section 1547(b)(1) of the Vehicle Code (Code), 75 Pa.C.S. § 1547(b)(1) for failing to submit to chemical testing. We reverse.

The facts in this case as determined by the trial court are as follows. On January 2, 1997, Trooper Daniel Onisick (Trooper) of the…