PennDOT v. Dyer

SMYTH, J.,

INTRODUCTION

The Commonwealth of Pennsylvania Department of Transportation (PennDOT) has appealed to the Commonwealth Court of Pennsylvania from our order after hearing sustaining Bambi Dyer’s appeal under the Judicial Code, 42 Pa.C.S. §933(a)(1)(ii), and the Vehicle Code, 75 Pa.C.S. §1550, and rescinding PennDOT’s suspension of her driver’s license under 75 Pa.C.S. §1547(b)(1)(i) (providing for suspension of operating privileges for one year upon refusal of a person under arrest for driving under the influence to submit to chemical testing). The issue decided, as framed by counsel…