Commonwealth v. Kelley

Opinion by

Judge DiSalle,

This is an appeal by the Department of Transportation, Bureau of Traffic Safety (Bureau), from the order of the Court of Common Pleas of Allegheny County sustaining the appeal of John William Kelley (Kelley) and thereby reversing the Bureau’s suspension of his motor vehicle operator’s license pursuant *568to Section 624.1 of The Vehicle Code,1 for refusing to submit to a breathalyzer test.2

We note initially that our scope of review of a lower court’s reversal of a license suspension pursuant to Section 624.1 is limited .to whether its findings are supported by competent…