Commonwealth v. Viglione

Opinion by

Judge Craig,

The Department of Transportation appeals an order of the Court of Common Pleas of Elk County reversing a one-year suspension of Michael C. Viglione, Jr.s operating privileges for refusing to submit to a breathalyzer test, pursuant to section 1547(b)(2) of the Vehicle Code, 75 Pa. C. S. § 1547(b)(2).

Viglione appealed the suspension to the court of common pleas, which held that the record did not clearly establish that the arresting officer had warned Viglione that he was required to submit to two breathalyzer tests, and that refusal to do so would result in a twelve-month…