Cohen v. Commonwealth

Opinion by

Judge Wilkinson, Jr.,

The very narrow issue presented in this appeal from the trial court’s dismissing appellant’s appeal from a suspension of his operating privileges for failure to submit to a breathalyzer test is a factual one— does the record support the finding that appellant’s refusal was conscious and knowing. It is appellant’s position that he was so under the influence of a “small portion of wine” imbibed at an office party, combined with medication, that he was incapable of knowingly making a willful refusal. We disagree and affirm.

The law applicable to this situation is…