Commonwealth Court of Pennsylvania February 22, 1980, Appeal, No. 2150 C.D. 1978 (Commonwealth v. Hanes)

Opinion by

Judge Wilkinson, Jr.,

The Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Elk County reversing the Department’s suspension of the motor vehicle operator’s license of appellee pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C.S. §1547(b), for refusing to submit to a breathalyzer test.