Commonwealth v. Bendik

Opinion by

Judge Barry,

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Phyllis A. Bendik (appellee) from the suspension of her drivers license by DOT for a period of one year due to her refusal to submit to a blood test.

*593On April 2, 1985, Officer George Polnar, a police officer for the Municipality of Monroeville, was called to investigate a disturbance at the Gambit Restaurant in the Marriot Motel in Monroeville. Upon arriving at the scene, restaurant security personnel…