Stancavage v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION BY

Judge BUTLER.

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals the January 9, 2009 order of the Court of Common Pleas of Schuylkill County (trial court) reinstating the operating privileges of Robert Stanca-vage (Stancavage). The only issue in this case is whether the arresting officer had reasonable grounds to believe that Stanca-vage was under the influence of alcohol or a controlled substance while operating his vehicle on February 21, 2008, in violation of Section 3802 of the Vehicle Code.1 For the reasons that follow, we affirm the…