Commonwealth v. Struzzeri

Opinion by

President Judge Crumlish, Jr.,

The Department of Transportation (DOT) suspended Phillip Struzzeri’s driving license for one year for refusing to submit to a breathalyzer test. Section 1547(b)(1) of the Vehicle Code. A Luzerne County Common Pleas Court order sustained Struzzeri’s appeal and rescinded the suspension. DOT appeals this order. We reverse and reinstate the suspension.

Struzzeri was found slumped over the driving wheel of his automobile by two Pittston Township police officers. The officers detected an alcoholic odor on his breath and arrested him. Struzzeri refused to take…