Commonwealth v. Wendler

SMITH, Judge.

Willis J. Wendler appeals from an order of the Court of Common Pleas of Allegheny County which denied his appeal from the Department of Transportation’s (DOT) suspension of his operating privileges pursuant to Section 1547(b)(1) of the Vehicle Code, 75 Pa.C.S. § 1547(b)(1).1 The issue presented is whether the trial court’s decision is contrary to decisions of this Court which require that a licensee not only be given a warning that certain action should not be performed but also an explanation that performance of a prohibited action constitutes a refusal to submit to chemical…