Commonwealth v. Grasso

Opinion by

Judge MacPhail,

The Department of Transportation, Bureau of Traffic Safety (DOT), appeals from an order of the Court óf Common Pleas of Allegheny County which sustained the appeal of Gabriel S. Grasso (Appellee) to the suspension of Appellees motor vehicle operators license. We vacate and remand.

DOT suspended Appellees drivers license pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. §1547(b), for his refusal to submit to a breathalyzer test following his arrest for driving while under the influence of alcohol.

The only issue presented to the trial court was whether…