COM., DEPT. OF TRANSP. v. Schraf

OPINION

BARRY, Senior Judge:

The Commonwealth’s Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of Butler County which sustained an appeal of Phyllis Ann Schraf (Schraf) and reversed DOT’s one year suspension of Schraf’s license pursuant to 75 Pa.C.S. § 1547 (refusal to submit to chemical testing).

Officer John R. Hays of the Butler Township Police Department testified that he was called to investigate an auto accident. Upon arriving at the scene, Hays found an automobile partially off the road in a ditch. Schraf was sitting in the…