Commonwealth v. Shaffer

Opinion by

Judge Barry,

This is an appeal by the Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT) from an order of the Allegheny County Court of Common Pleas sustaining the appeal of Theodore Shaffer (appellee). DOT had suspended appellees license for six months for refusing to submit to a breathalyzer test under Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. §l547(b).

On June 30, 1982, appellee was ordered to pull over at Exit 4 of the Beaver Valley Interchange of the Pennsylvania Turnpike because he could not produce his toll ticket. He pulled over, sat there…