Commonwealth v. Goldman

Opinion by

Judge MacPhail,

The Department of Transportation, Bureau of Traffic Safety (DOT), appeals from an order of the Court of Common Pleas of Allegheny County which sustained a demurrer to DOT’,s evidence1 in a hearing on the appeal of Sylvan Goldman (Appellee) to the suspension of Appellee’s motor vehicle operator’s license.

DOT suspended Appellee’s driver’s license pursuant to Section 1547(b) of the Vehicle Code (Code), *1675 Pa. C. S. §1547(b), for Ms refusal to submit to a breathalyzer test following his arrest for driving while under the influence of alcohol.

While not admitted, the facts in…