Commonwealth v. Krishak

Opinion by

Judge Doyle,

This is an appeal by the Pennsylvania Department of Transportation (DOT) from an order of the Court of Common Pleas of Somerset County directing that DOT reinstate the operating privileges of George Andrew Krishak (Appellee). DOT had suspended Appellee’s operating privileges for six months after receiving a police affidavit indicating that Appellee had refused to submit to a breathalyzer test pursuant to Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547.

The trial court found that Appellee was involved in a one oar accident at approximately 12:30 a.m. on August 14,…