Commonwealth v. Schauer

Opinion by

Judge Williams, Jr.,

The Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT), appeals an order of the Court of Common Pleas of Elk County sustaining the appeal of the appellee Patrick J. Schauer to quash his license suspension.

The appellee was stopped for driving under the influence of alcohol whereupon he was requested by the arresting officer to go to the police station to submit to a breathalyzer test. Upon arriving at the police station the appellee refused to submit to the test. A short time later, when the appellee was about to leave the station, he…