525 A.2d 31 | Pa. Commw. Ct. | 1987
Opinion by
The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Allegheny County, which reversed the Departments decision to suspend James E. Kennedy’s driver’s license for one year pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. § 1547(b), because he refused to submit to a breathalyzer test. We affirm.
The Department sent a notice of suspension to Kennedy on June 12, 1984. The Court of Common Pleas of Allegheny County reversed this suspension on the ground that the Department failed to meet its burden of proving that Kennedy was under arrest for driving under the influence when he was asked to submit to the breathalyzer test. We are constrained to agree.
The Department has the burden of proving that a driver was placed under arrest for driving under the influence of alcohol. Gresh v. Department of Transportation, Bureau of Traffic Safety, 76 Pa. Commonwealth Ct. 483, 464 A.2d 619 (1983). The question of whether a driver has been placed under arrest for purposes of Section 1547(b)(1) of the Code refers to a factual situation,
The trial court received conflicting testimony on the issue of arrest and found that Kennedy was not placed under arrest. We cannot disturb this finding unless we find that it is not supported by substantial evidence.
Order
Now, May 4, 1987, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter, dated April 12, 1985, is hereby affirmed.
Where the trial court is the fact-finder, our scope of review is limited to a determination of whether the court based its findings on substantial evidence or committed an error of law. Department of Transportation, Bureau of Traffic Safety v. Stafford, 28 Pa. Commonwealth Ct. 157, 367 A.2d 816 (1977). Questions of credibility and the resolution of testimonial conflicts are for the common pleas court. Department of Transportation, Bureau of Traffic Safety v. Fullerton, 31 Pa. Commonwealth Ct. 609, 377 A.2d 1024 (1977).