Commonwealth v. Norton

Opinion by Judge Colins,

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals a Delaware County Common Pleas Court order reversing a one-year license suspension imposed upon Lawrence G. Norton (appel-lee) for refusing to submit to a breathalyzer test in violation of Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. § 1547(b). We reverse.1

At approximately 4:00 a.m. on the morning of February 6, 1985, Officer George Timko, of the Tobyhanna Township Police Department, was dispatched to an intersection where he observed appellees vehicle stopped in a driving lane…