Bureau of Traffic Safety v. Jones

Opinion by

Judge DiSalle,

This is an appeal by the Department of Transportation (Department) from the order of the Court of Common Pleas of Dauphin County, dated June 16, 1977, reversing the Department’s suspension of the motor vehicle operator’s license of Helen Jones (Appellee) pursuant to Section 624.1 of the Vehicle Code, 1 for refusing to submit to a breathalyzer test.

This Court has frequently enunciated the rule that in order to sustain a suspension under Section 624.1 (a), the Department must prove that a defendant was placed under arrest, was charged with the operation of a motor…