Commonwealth v. Park

CRAIG, President Judge.

The Department of Transportation, Bureau of Driver Licensing (department) appeals from an order of the Court of Common Pleas of Philadelphia County sustaining the appeal of Frances E. Park from a one-year license suspension imposed by the department for refusing to submit to a breathalyzer test in violation of section 1547(b) of the Vehicle Code (code), 75 Pa.C.S. § 1547(b).

The only issue in this case is whether, at the time of the arrest, the police officer had reasonable grounds to believe that Park was operating or otherwise in control of the movement of a motor…