Commonwealth, Department of Transportation v. Berta

Opinion by

Judge Doyle,

This is an appeal1 by the Department of Transportation, Bureau of Driver Licensing (Department) from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Christine Berta (Licensee) from an action of the Department suspending Licensees operating privileges for one year for refusal to comply with the brehthalyzer test requirement appearing in Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547.

The trial court found that a police officer had observed Licensee' sitting in a vehicle parked in a restricted area. The officer exited his car…