Commonwealth v. Morrison

Opinion by

Senior Judge Barbieri,

This is an appeal by the Pennsylvania Department of Transportation, Bureau of Traffic Safety (Bureau), from an order of the Court of Common Pleas of Schuylkill County. That order sustained the appeal of Mary M. Morrison and reversed the Bureaus order suspending Morrisons operators license pursuant to Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547, for refusing to submit to a chemical test of her breath.

The record presents the following pertinent facts. One the evening of December 5, 1979, Pottsville Police Officer Michael O’Toole was summoned to the scene…