Commonwealth, Department of Transportation v. Grippo

Opinion by

Judge Doyle,

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Allegheny County sustaining the appeal of Louis H Grippo (Appellee) from a one-year suspension of his operators license for failure to submit to a breath test pursuant to Section 1547 of the Vehicle Code (Code).1 We vacate and remand.

The suspension of Appellees license arose out of an incident occurring on March 23, 1985. Although the versions of the incident related by Appellee and Officer Cindy Dietrich of the Pittsburgh Police Department…