Opinion
Argued March 4, 1982
July 30, 1982.
Motor vehicles — Suspension of motor vehicle operator's license — Refusal of breath test — Scope of appellate review — Error of law — Findings of fact — Substantial evidence — Credibility.
1. Review by the Commonwealth Court of Pennsylvania in a motor vehicle operator's license suspension case is to determine whether an error of law was committed or findings of fact were unsupported by substantial evidence, leaving to the fact finder questions of credibility, and a conclusion that the licensee refused a breath test will not be disturbed when supported by evidence in the record. [97]
Argued March 4, 1982, before President Judge CRUMLISH and Judges ROGERS and BLATT, sitting as a panel of three.
Appeal, No. 697 C.D. 1980, from the Order of the Court of Common Pleas of Montgomery County in case of Commonwealth of Pennsylvania v. William G. Giltinan, No. 79-11091.
Suspension of motor vehicle operator's license by Department of Transportation. Licensee appealed to the Court of Common Pleas of Montgomery County. Appeal dismissed. SMILLIE, J. Licensee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Joshua M. Briskin, for appellant.
Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.
William Giltinan appeals a Montogomery County Common Pleas Court order which affirmed a six-month suspension of his driver's license for refusal to submit to a breathalyzer test. 75 Pa. C. S. § 1547.
Our scope of review is limited to determining whether there has been an error of law or whether the findings of the lower court are unsupported by competent evidence. Appeal of Capozzoli, 63 Pa. Commw. 411, 437 A.2d 1340 (1981). In that the court below is the finder of fact and the arbiter of credibility and because the record supports the court's conclusion that Giltinan refused the breathalyzer test, we will affirm on the able opinion of Judge SMILLIE, ___ Pa. D. C.3rd ___ (1980).
Affirmed.
ORDER
The order of the Montgomery County Common Pleas Court, No. 79-11091 dated March 12, 1980, is affirmed.
Judge MENCER did not participate in the decision in this case.