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

RODGERS, Senior Judge.

Department of Transportation (department) appeals from an order of the Court of Common Pleas of Northampton County (trial court) sustaining the appeal of Leonard T. Zito from a one-year suspension of his operating privileges pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa.C.S. § 1547(b).1

On November 15, 1992, Officer Craig De-Franco of the Plainfield Township Police observed a pickup truck operated by Zito traveling 58 miles-per-hour in a 45 mile-per-hour zone. After pulling the truck over, the officer detected an odor of alcohol coming from the driver’s…