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

COLINS, President Judge.

Frank Incarvite (Incarvite) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court), which denied Incarvite’s appeal from a one-year suspension of his operating privilege, imposed by the Pennsylvania Department of Transportation (DOT), pursuant to Section 1547(b)(1) of the Vehicle Code, 75 Pa.C.S. § 1547(b)(1).1

The following facts gave rise to Incar-vite’s appeal. On April 16, 1998, Sergeant Alexander Blair was called to investigate an individual who had passed out on the floor of a Boston Market store, next to a puddle of vomit. The…