Commonwealth v. Cavanaugh

Memorandum Opinion by

Judge McGinley,

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals the order of the Court of Common Pleas of Allegheny County (trial court) which sustained the appeal of Patrick E. Cavanaugh from a one-year suspension of his operators license pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. § 1547(b) for refusal to submit to a breathalyzer test.

Cavanaughs suspension arose from activities which occurred on January 13, 1985. Officer Edward Wisniowski, a police officer employed by the City of Pittsburgh, testified that he observed…