Commonwealth v. Schaefer

Opinion by

Judge Crumlish, Jr.,

In this appeal the Commonwealth challenges an order of the lower court reversing appellee’s license suspension. The issue we are called upon to resolve is whether appellee’s initial refusal to submit to a chemical breath test but subsequent assent to the test constituted sufficient cause for suspension of her operator’s license by the Secretary of Transportation.

In November of 1971 appellee was observed driving in an erratic manner, was stopped by police, placed under arrest and ashed to submit to a chemical breath test. She initially refused to submit to the…