Commonwealth v. McLaughlin

Opinion by

Judge Craig,

The Pennsylvania Department of Transportation has appealed an order by Judge Battle of the Court of Common Pleas of Delaware County, which reversed a vehicle operator s license suspension imposed for refusal to take a chemical test for alcohol.

The facts in the record indicate that David W. McLaughlin was arrested pursuant to provisions of 75 Pa. C. S. §3731(a)(l) by an officer in the Haverford Township Police Department, the charge being driving under the influence. The officer found Mr. McLaughlin passed out in the driver’s seat of his car with the motor running. The…