Appeal from the Order of the Court of Common Pleas of Allegheny County, in the case of Commonwealth of Pennsylvania v. Brian F. Croissant, No. SA 91 of 1986.
Thomas Livingston, for appellant.
Christopher J. Clements, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, John L. Heaton, Chief Counsel, for appellee.
Judges Craig, Doyle and Barry, sitting as a panel of three. Opinion by Judge Barry.
[ 114 Pa. Commw. Page 602]
Brian F. Croissant appeals an order of the Court of Common Pleas of Allegheny County which dismissed his appeal and sustained a one year suspension of his operator's privileges by the Department of Transportation (DOT) pursuant to 75 Pa. C. S. § 1547 for failing to submit to testing.
Appellant was stopped by Officer Bryan Kelly of the Shaler Township Police Department on November 21, 1985. On that date, Officer Kelly observed appellant's vehicle weaving from lane to lane. When Kelly noticed the strong odor of alcohol, he required appellant to perform certain field sobriety tests, which appellant was unable to do in a satisfactory manner. Officer Kelly arrested appellant for driving while intoxicated.
Officer Kelly took appellant to the police station and requested that he submit to a breath test. Officer Kelly informed appellant of the consequences of refusing the
[ 114 Pa. Commw. Page 603]
test. Appellant completed the test once with the machine registering a reading of .30. Appellant, however, failed to provide sufficient amounts of breath to obtain a second reading. When given the chance to take a blood test, appellant refused.
DOT eventually notified appellant that it was suspending his license for one year for refusing to submit to testing. Appellant appealed that suspension to the Court of Common Pleas of Allegheny County. Following a hearing, that court dismissed the appeal. The present appeal followed.
To sustain the suspension of one's license pursuant to 75 Pa. C. S. § 1547, DOT must prove that (1) the licensee was arrested for driving while intoxicated by an officer having reasonable grounds to believe the licensee was driving while intoxicated, (2) the licensee was requested to submit to testing, (3) an officer informed the appellee of the consequences of a refusal and (4) the licensee refused to submit to the proffered test. Commonwealth v. Shaffer, 100 Pa. Commonwealth Ct. 66, 513 A.2d 1154 (1986). Our scope of review is limited to determining whether the trial court's factual findings are supported by substantial evidence or whether the trial court committed an error of law. Sheakley v. Commonwealth, 99 Pa. Commonwealth Ct. 328, 513 A.2d 551 (1986).
Appellant first argues that DOT failed to show that he refused the proffered test. Appellant does not deny that he failed to provide a sufficient breath sample for the second ...