Lamond v. Commonwealth, Department of Transportation

NARICK, Senior Judge.

The issue before this Court is whether a breathalyzer’s results, which varied by more than .02 percent and thus, was taken out of service according to the Department of Transportation’s (DOT) regulations, is tantamount to a malfunctioning unit, allowing police officers to request a second chemical test from a suspected drunk driver.

DOT appeals from the order of the Court of Common Pleas of Montgomery County that sustained the appeal of Joseph T. La-mond from DOT’s suspension of his driving privileges mandated by 75 Pa.C.S. § 1547(b)(1). 1 We reverse.

The facts are…