Opinion by
William Kuzneski (appellant) appeals an order of the Court of Common Pleas of Indiana County which affirmed a one-year suspension of his drivers license for failure to submit to a breathalyzer test. Section 1547(b)(1) of the Vehicle Code, as amended, 75 Pa. C. S. §1547(b)(1).
Appellant seeks reversal of the trial courts decision on the basis that the police officer who stopped him was outside his territorial jurisdiction; he had no reasonable grounds to suspect that he had been driving while intoxicated; and he did not properly warn him of the consequences of his refusal to submit to the test. We find all of these contentions without merit.
Appellant first argues that he was not required to submit to the breathalyzer test because the officer who made the request was outside his territorial jurisdiction and he was not, therefore, a police officer as defined under the Vehicle Code. This Court addressed that same question in
Department of Transportation, Bureau of Traffic Safety v. Evans,
In his reply brief appellant argues that Evans is not controlling in this instance because the Vehicle code has since been amended and it now includes a new definition of police officer. Under the statute which controlled Evans, a police officer was defined as one of a group of peace officers vested with authority of arrest. Section 102 of the Vehicle Code, 75 P.S. §102. The amended Vehicle Code defines a police officer as “[a] natural person authorized by law to make arrests for violations of law.” 75 Pa. C. S., §102. Appellant contends that this new definition does not permit the courts to draw distinctions between officers in fact and in law. He argues that if an officer is not authorized by law to make the arrest then that officer cannot request a motorist to submit to a breathalyzer test. We cannot agree.
The new definition of police officer contains nothing which would preclude us from reaching the same conclusion we reached in Evans. As in Evans there is no question that the person who stopped and arrested the appellant was in fact a police officer. Appellant does not question the feet that Gregory Davis was duly employed as a police officer for the Borough of Homer City and he was clearly authorized by law to make arrests within that area. The only question is whether he was authorized by law to make this particular arrest. This is a legal *598 determination which is simply not relevant to a license suspension case. As we noted in Evans, what is important is that appellant was factually placed under arrest. Whether the police officer was outside his jurisdictional limits is an issue properly raised in an action challenging the legality of the arrest.
Appellant next argues that the police officer had no reasonable grounds to suspect he had been driving while intoxicated. Reasonable grounds exist when a reasonable person in the same position as the arresting officer could have concluded that the motorist was operating his vehicle while under the influence of alcohol.
Department of Transportation, Bureau of Traffic Safety v. Dreisbach,
Lastly, appellant argues that this case should be remanded for more specific findings on whether he was properly warned that his refusal to submit to the test would result in the suspension of his license. We disagree. The trial court specifically found that the police officer warned appellant that refusal to take the test
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would result in a suspension of his license. Appellant maintains that because he was yelling obscenities at the officer when the warning was given the Court must make a specific finding as to whether he completely heard and understood what was said. We find this argument absolutely without merit, especially in view of the feet that appellant emphatically testified at the hearing that he never screamed or yelled at the officer and, therefore, never raised this particular issue. The only question before the trial court was whether the warning was given. Appellant testified that he was never warned of the consequences of his refusal to take the test. The police officer testified that he warned him twice. It is well established that questions of credibility and the resolution of conflicts in testimony are for the trial court.
Phillips v. Commonwealth,
Affirmed.
Order
Now, July 11, 1986, the order of the Court of Common Pleas of Indiana County at No. 1197 C.D. 1984, dated December 13, 1984, is affirmed.
Notes
The validity of a license suspension is not affected by the legality of the arrest.
Glass v. Department of Transportation, Bureau of Traffic Safety,