Commonwealth v. Emory

Opinion by

Judge MacPhail,

The Department of Transportation (DOT) appeals here from a decision of the Court of Common Pleas of Franklin County which ordered the reinstatement of Randal W. Emory’s (Appellee) operator’s license.1

The trial court found2 that Appellee was driving a vehicle which was involved in a one-car accident. Appellee lost consciousness and was taken to a hospital emergency room where a sample of his blood was *582taken. After he regained consciousness Appellee was belligerent and difficult. .Subsequently, he was arrested by a police officer for driving under the influence.3 The…