Commonwealth v. Tantlinger

Opinion by

Judge Rogers,

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Payette County made after hearing de novo, reversing the Department of Transportation’s six-month suspension of Daniel Tantlinger’s operator’s license for failure to submit to a breathalizer test as required under Section 624.1(a) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. §624.1 (a).

Section 624.1 provides in pertinent part:(a) Any person who operates a motor vehicle or tractor in this Commonwealth, shall be deemed to have given his consent to a chemical…