Commonwealth v. O'Connell

Opinion by

Judge Doyle,

The Pennsylvania Department of Transportation, Bureau of Traffic Safety (Department) appeals from an order of the Court of Common Pleas of Montgomery County which reversed the Department’s one year suspension of Patrick M. O’Connell’s (Appellee’s) motor vehicle operator’s license pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. § 1547(b) (refusing to take a breathalyzer test).

Appellee was the operator of an automobile which struck two parked cars in Abington Township on the evening of June 19, 1983. Due to the strong odor of alcohol on Appellee’s breath, the…