Farnack v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION BY

Judge LEAVITT.

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), appeals an order of the Court of Common Pleas of Northampton County (trial court) that sustained the appeal of Daniel John Farnack (Licensee) from a one-year suspension of his operating privileges for refusing to submit to chemical testing. Because the trial court erred in holding that the arresting officer lacked reasonable grounds to request chemical testing, we reverse.

On October 2, 2009, Licensee was arrested and charged with driving under the influence of a…