Ford v. Commonwealth

Opinion by

Judge Mencer,

The Court of Common Pleas of Northampton County, after a hearing de novo, sustained the suspension of John Ford’s driver’s license for six months for his failure to submit to a breathalyzer test as required under Section 1547 of the Vehicle Code, 75 Pa. C.S. §1547, and dismissed his appeal. Ford appealed to this Court. We affirm.

After the Commonwealth has proven that a defendant did in fact refuse to submit to a breathalyzer test, the burden shifts to the defendant to prove by competent evidence that he was physically unable to take the test or incapable of a conscious…