Sutton v. Commonwealth Department of Transportation

PELLEGRINI, Judge.

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals the order of the Court of Common Pleas of Clearfield County (trial court) sustaining the appeal of Mark Sutton (Sutton) from a one year suspension of his operating privilege imposed by PennDOT for refusing to submit to chemical testing.1

As found by the trial court, the facts leading to this appeal are as follows:

At approximately 10:00 p.m. on February 3, 1993, Trooper Michael Greene of the Pennsylvania State Police observed a vehicle operated by one Mark E. Sutton…