Commonwealth v. Garlan

Opinion by

Judge Colins,

The Department of Transportation, Bureau of Driver Licensing (Department), appeals an order of the Luzerne County Court of Common Pleas (trial court) which set aside the suspension of James Garlans driving privileges. The Department imposed the one year suspension as a result of Garlans refusal to submit to a blood alcohol test pursuant to Section 1547(b) of the Vehicle Code (Code), as amended, 75 Pa. C. S. §1547(b). Following a de novo hearing, the trial court found that as a result of injuries sustained in an automobile accident, on June 25, 1987, Garlan did not…