Commonwealth v. Campbell

DOWLING, J.,

The issue in this case is whether a delay of over one year, which is directly attributable to a police officer’s failure to notify the Department of Transportation pursuant to 75 Pa.C.S. § 1547(b)(1) and a motorist’s election to proceed under ARD rather than contest a charge of driving under the influence, is sufficient to sustain an appeal from the department’s suspension of the motorist’s license for refusing to submit to a breathalyzer test. For the reasons that follow, we will sustain the appeal.

The history of this case is as follows: On April 23, 1986, petitioner was arrested…