Forte v. Commonwealth, Department of Transportation

Opinion by

Judge Doyle,

This is an appeal by Robert A. Forte (Licensee) from an order of the Court of Common Pleas of Philadelphia County sustaining the action of the Pennsylvania Department of Transportation (DOT) which revoked Licensee’s operating privileges for one year for refusal to submit to a breathalyzer test pursuant to Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547.

The trial court found that Licensee had been involved in a single car accident. When the arresting officer arrived on the scene he noticed that Licensee had a strong odor of alcoholic beverages on his breath, that he…