Kosar v. PennDOT

KAYE, J.,

In this proceeding, Franklin J. Kosar challenges the action of the Pennsylvania Department of Transportations’s action in suspending his operating privileges for one year for violation of 75 Pa.C.S. §1547, i.e., for failing to submit to a test to determine the alcohol content of his blood. In his petition, Mr. Kosar alleges, in the alternative, that: (1) he was not driving, operating or in actual physical control of the movement of a motor vehicle; and (2) he was not advised that a failure to comply with the proffered test would result in a suspension of his driver’s license for one…