72 Pa. Commw. 608 | Pa. Commw. Ct. | 1983
Opinion by
The Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Northampton County which reversed the Department’s suspension of George R. Hudock’s motor vehicle operator’s license for refusing to .submit ,to a breathalyzer test.
On March 20, 1980, George Hudock (Appellee) was observed by Officer Donald Borger getting out of an automobile which had gone off the road and lay in an adjacent field.. As the police officer approached the automobile, he noticed ithat a nearby traffic sign had been knocked down, a telephone pole had been scraped, and the right rear corner panel of Appellee’s car was pushed in. Although he did not take any paint
On appeal of the suspension before the court of . common pleas, Appellee contended that his failure to inflate the breathalyzer was the result of a medical problem with his lungs. No other evidence in support of this statement was offered however. Appellee’s testimony that he attempted but was unable to blow into the breathalyzer is legally insufficient to .prove inability, absent other competent evidence that he was physically unable to take the test. Department of Transportation, Bureau of Traffic Safety v. Medalis, 24 Pa. Commonwealth Ct. 12, 354 A.2d 43 (1978); After the arresting officer had determined that Appellee’s conduct constituted a refusal, A.ppél
Order
Now, March 15, 1983, the order of the Court of Common Pleas of Northampton County in the above referenced matter, dated September 3, 1980 is hereby reversed.
Section 1547(b) of the Vebeile Code, 75 Pa. C. S. §1547(b) provides that any person wbo is arrested for driving under the influence of alcohol and refuses a request to submit to a chemical test shall, upon notice to the Department, have their operating privileges suspended for a period of six months.