PennDOT v. Tomczak

D’ALESSANDRO, J.,

Before this court is the appeal of Stanley Tomczak from an *442order of the Secretary of Transportation suspending appellant’s driving privileges, pursuant to section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b). For reasons stated herein, we have vacated the suspension ordered by the Secretary of Transportation.

Appellant was arrested for driving under the influence of alcohol by Trooper Joseph R. Carcaci. Trooper Carcaci testified that he read appellant his Miranda rights and additionally informed appellant of his rights with regard to the administration of a breathalyzer…