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McFadden v. Commonwealth5/24/2005
ch and blood shot eyes. Such evidence is sufficient to establish that Officer Malone had reasonable grounds to believe that Licensee had been driving a vehicle while under the influence of alcohol. Patterson; Menosky. Moreover, "the existence of reasonable alternate conclusions does not preclude the arresting officer's actual belief from being reasonable." McGrath, 617 A.2d at 403. Consequently, we conclude that in view of the totality of the circumstances in the present case, the trial court did not err or abuse its discretion in determining that Officer Malone had reasonable grounds to believe that Licensee had been operating his vehicle while intoxicated. Helt.
We also note Licensee asserts in his brief that on May 12, 2004, he was found not guilty of the criminal DUI charge. Licensee further asserts that the testimony at his June 4, 2004 license suspension hearing was similar to that at his May 12, 2004 criminal trial. It is well-settled, however, that the licensee's guilt or innocence of a criminal charge is not a factor in a civil license suspension proceeding. Department of Transportation v. Wysocki, 517 Pa. 175, 535 A.2d 77 (1987).
In view of the foregoing, we affirm.
AND NOW, this 24th day of May, 2005, the June 4, 2004 order of the Court of Common Pleas of Philadelphia County is AFFIRMED.
JESS S. JIULIANTE, Senior Judge
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