Commonwealth, Department of Transportation v. McCafferty

Opinion by

Judge Doyle,

This is an appeal by the Department of Transportation, Bureau of Driver Licensing (Department) from an order of the Court of Common Pleas of Clarion County which reversed the action of the Department in suspending the operating privileges of David Scott McCafferty (Licensee) for refusing to take a breathalyzer test. *155See Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §l547(b).

The trial court found that at the time the Department sent the suspension notice to Licensee in November 1983 it was in possession of his correct address but, nonetheless, failed to send the…