Garner v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION BY

Judge LEADBETTER.

The Bureau of Driver Licensing (Bureau) appeals from the order of the Court of Common Pleas of Cumberland County (common pleas), which vacated the suspension of John F. Garner’s driver’s license. Common pleas concluded that Garner received an inadequate warning of the consequences prior to his refusal to take a breathalyzer test because the Bureau’s revised DL-26 form does not satisfy the informational requirements in 75 Pa.C.S. § 1547. The Bureau persuasively challenges this conclusion and we reverse.

Since the amendments to the Motor Vehicle Code enacted in the Act…