Commonwealth v. O'Neill

Opinion by

Judge Blatt,

The Commonwealth of Pennsylvania, Department of Transportation (Department), appeals the order of the Court of Common Pleas of Philadelphia County (trial court) which sustained Terrence P. O’Neill’s appeal from a six-month suspension of his operator’s license.

After being involved in a traffic accident, O’Neill was requested to take a breathalyzer test by the investigating police officer and he refused. The Department, therefore, suspended his license pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547(b). Upon O’Neill’s appeal, the trial court conducted…