Commonwealth, Department of Transportation v. Day

Opinion' by

Senior Judge Kalish,

The Department of Transportation (DOT) appeals a common pleas court decision sustaining the appeal of the motorist whose operating privileges were suspended because he refused to take a blood-alcohol examination. The trial court found that the driver did not comprehend what w,as occurring as a result of an accident and, consequently, did not. make a conscious and knowing refusal. We affirm.

DOT contends that no medical evidence was introduced to establish that the appellee’s injuries rendered him incapable of making a knowing and conscious refusal. Where* the ■…