Scott v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

FRIEDMAN, Judge.

Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Court of Common Pleas of Delaware County sustaining Ronald C. Scott, Jr.’s (Licensee) appeal and rescinding the suspension of Licensee’s operating privilege imposed by DOT pursuant to 75 Pa.C.S. § 1547(b)(1) (refusal to submit to chemical testing). We affirm.

On October 9, 1992, Officer Jerome J. Cartmell of the Tredyffrin Township Police Department observed an automobile, driven by Licensee, proceeding at a speed in excess of the posted speed limit. After stopping the vehicle, the…