Commonwealth v. Griffith

Opinion by

Judge Colins,

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Luzerne County reversing the one year license suspension imposed upon Sylvester D. Griffith (appellee) after determining that the injuries sustained by appellee in an accident rendered him unable to knowingly and consciously refuse to submit to a breathalyzer test. See Section 1547(b) of the Vehicle Code, 75 Pa. C. S. § 1547(b). We reverse.

On February 21, 1987, appellee was involved in a two vehicle collision. A police officer called to the scene of the accident noted that appellee…