Commonwealth v. Jackson

Opinion by

Judge MacPhail,

The Department of Transportation, Bureau of Traffic Safety (Department) has appealed from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Edwin A. Jackson (Licensee) from the Departments one-year suspension of his drivers license. We reverse.

The record reveals that, in the early hours of August 20, 1983, Licensee was placed under arrest for driving under the influence. The arresting officer testified that he detected both the odor of alcohol on Licensees *255breath and freshly burned marijuana. Notes of Testimony (N.T.) at 5,…