Commonwealth v. Andrews

Opinion by

Judge Rogers,

This is the appeal of the Department of Transportation, Bureau of Traffic Safety (DOT) from an order of the Court of Common Pleas of Lackawanna County overturning DOT’s order suspending the operating privileges of Stephen J. Andrews, appellee, for refusing to submit to a breathalyzer test pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C. S. §1547 (b). The appellee was arrested after, in the words of the arresting officer, he “hit a traffic island” with his vehicle and thereafter drove in an erratic fashion. The appellee was returning to his home from a social…