Sitoski v. Dep’t of Transportation, PICS Case No. 10-3661 (Pa. Commw. Oct. 20, 2010, reported Dec. 15, 2010) Cohn Jubelirer, J. (19 pages).
Licensee Robert M. Sitoski appealed from the order denying his appeal from the 18-month suspension of his driver’s license imposed by the Department of Transportation, Bureau of Driver Licensing pursuant to the Implied Consent Law. Licensee argued that the trial court erred or abused its discretion because the department did not satisfy its burden of proving that licensee received proper warnings, that his refusal to submit to chemical testing was not knowing or conscious and that the department improperly introduced evidence of a prior suspension. The Commonwealth Court affirmed the trial court’s denial of his appeal.
