Commonwealth v. Foley

PALLADINO, Judge.

The Department of Transportation, Bureau of Driver Licensing (DOT), appeals an order of the Court of Common Pleas of Delaware County (trial court), which sustained Richard Foley’s (Licensee) appeal of a license suspension for refusing to submit to chemical alcohol testing. Section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b). We reverse.1

Licensee struck a traffic light pole with his car, injuring his head, leg and ribs. He was taken to a hospital where *569police officer Daniel Wallower (officer) arrested him for driving under the influence of alcohol. At the hospital, the…