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Pass v. Commonwealth3/19/2004
al court hearing that he observed Licensee make a left turn and "nearly" strike the curb, (R.R. at 111a), which contradicts Officer's Koehle's testimony at the Allegheny County trial court hearing that he observed Licensee make a left turn and strike the curb, (R.R. at 50a). Licensee maintains that, although striking the curb would constitute reasonable grounds, "nearly" striking the curb would not constitute reasonable grounds. Thus, Licensee suggests that the Centre County trial court should have believed Officer Koehle's testimony that Licensee "nearly" struck the curb.
Questions of credibility and conflicts in the evidence presented are for the trial court to resolve. Miller v. Department of Transportation, Bureau of Driver Licensing, 835 A.2d 866 (Pa. Cmwlth. 2003). As the fact finder, the trial court is free to accept or reject any testimony in whole or in part, subject only to review by this court for an abuse of discretion. DiCola v. Department of Transportation, Bureau of Driver Licensing, 694 A.2d 398 (Pa. Cmwlth. 1997).
Here, like the Centre County trial court, we acknowledge that Officer Koehle's testimony was inconsistent on this matter. The Centre County trial court observed that "some inconsistent testimony would be expected considering the time lapse of almost two years between the two hearings. Because of this, the Court relied mainly on the testimony taken from the earlier hearing in 2001 in Allegheny County, when the incident was still fresh in Officer Koehle's memory." (Centre County trial ct. op. at 7.) Considering the Centre County trial court's reasonable explanation of the manner in which it resolved the conflict in Officer Koehle's testimony, we conclude that the trial court did not abuse its discretion.
Accordingly, we affirm.
ROCHELLE S. FRIEDMAN, Judge
ORDER
AND NOW, this 19th day of March, 2004, the order of the Court of Common Pleas of Centre County, dated August 20, 2003, is hereby affirmed.
ROCHELLE S. FRIEDMAN, Judge
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