Commonwealth, Department of Transportation v. Sinwell

Opinion by

Judge Doyle,

The Pennsylvania. Department of Transportation’s Bureau of Traffic Safety (Bureau) appeals here from an order of the Court of Common Pleas of Allegheny County which sustained an appeal from a Bureau order suspending the motor vehicle operating privileges of William James Sinwell, Jr. for a period of six months, pursuant to the provisions of Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. §1547(b), because of his refusal to submit to a breathalyzer test. We reverse.

It is well settled that to establish a prima facie case in support of a Section 1547 (b) suspension

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