COM., DEPT. OF TRANSP. v. Webb

NARICK, Senior Judge.

The Pennsylvania Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Delaware County which sustained the driver’s license suspension appeal of Timothy J. Webb. We reverse.

Mr. Webb’s license was suspended for refusing to submit to a chemical test of his blood-alcohol ratio pursuant to Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b). Mr. Webb appealed his suspension to the court of common pleas on the grounds that he had not been placed under arrest when he made his refusal. After a hearing de novo, the trial court sustained…