Commonwealth, Department of Transportation v. Bartle

Opinion by

Senior Judge Kalish,

The Department of Transportation (DOT) appeals a decision of the Court of Common Pleas of Luzerne County which sustained the appeal of Arthur Bartle from the suspension of his .automobile operator’s license.

Bartle was involved in an automobile accident. He was asked to submit to a breathalyzer test. The breathalyzer machine malfunctioned and he was asked to take a blood test. He refused because he feared needles. Bartle contends his refusal to take a blood test did not constitute a refusal for license privilege suspension purposes because, under the…