Commonwealth v. Davis

Opinion by

Judge Palladino,

This is an appeal by the Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT) from an order of the Court of Common Pleas of Luzerne County (trial court) sustaining the appeal of William A. Davis and reversing the suspension of his motor vehicle operators license. For the reasons which follow, we reverse.

Davis was arrested for driving under the influence 1 and refused to submit to a breathalyzer test. DOT suspended his license for six months pursuant to Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547. 2 Davis timely appealed this suspension…