Maletic v. Commonwealth, Department of Transportation

DISSENTING OPINION BY

Judge FRIEDMAN.

The Court of Common Pleas of Allegheny County (trial court) sustained Karen L. Maletic’s (Licensee) appeal from the suspension of her operator’s license based on the finding that Licensee was not under arrest at the time she refused to submit to a blood test.1 Unlike the majority, I do not believe the trial court abused its discretion in so finding; therefore, I respectfully dissent.

The issue of whether a licensee has been placed under arrest for purposes of section 1547 of the Vehicle Code, 75 Pa.C.S. § 1547, is one of fact. Pappas v. Department of…