32 Pa. Commw. 52 | Pa. Commw. Ct. | 1977
Opinion by
This is an appeal from a decision of the Court of Common Pleas of Delaware County which dismissed appellant’s appeal from the suspension of his driving privileges for 6 months, due to his refusal to submit to a breathalyzer test pursuant to Section 624.1(a) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. §624.1 (a). We affirm.
On the evening of December 21, 1975, a Radnor Township police officer, investigating a fatal accident, found appellant inside an overturned automobile. One other automobile was involved in the accident which took place on an icy stretch of road in Radnor Town
The sole issue on appeal is whether the officer had reasonable grounds to believe appellant was driving while under the influence of intoxicating liquor. The essence of appellant’s argument is that the detection of an odor of alcohol and appellant’s admission that he had consumed a scotch and soda and ½ bottle of wine during dinner prior to the accident are not sufficient to constitute reasonable grounds upon which a police officer can request a breathalyzer test.
The only valid inquiry on this issue at the de novo hearing is whether, viewing the facts and circumstances as they appeared at the time, a reasonable person in the position of the police officer could have concluded that the motorist was operating the vehicle and under the influence of intoxicating liquor. (Footnote omitted.)
Id. at 205, 363 A.2d at 872.
In the instant case the trial court concluded that the evidence adduced at the hearing was sufficient to constitute reasonable grounds. We agree. The detection of the odor of alcohol — combined with appellant’s admission that he had consumed a mixed drink and % bottle of wine during dinner prior to the accident is such evidence that would have led a reasonable person in the position of the police officer to conclude that appellant was operating the automobile under the influence of intoxicating liquor.
Accordingly, we will enter the following
Order
Now, September 26, 1977, the order of the Court of Common Pleas of Delaware County dated May 27, 1976, No. 76-3754, dismissing the appeal of Mitchell D. Heaps, a minor, by his natural mother and guardian Martha Heaps, from the 6 month suspension of his driving privileges for failure to submit to a breathalyzer test is affirmed.