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Kline v. Commonwealth2/6/1998
SUBMITTED December 12, 1997
The Pennsylvania Department of Transportation, Bureau of Driver Licensing, (Department) appeals from the May 29, 1997 order of the Court of Common Pleas of Clinton County (trial court) sustaining the statutory appeal of Cynthia Ann Kline (Licensee) from a one-year suspension of her operating privilege. We affirm.
The underlying facts are not in dispute. On May 18-19, 1996, the Clinton County Sheriff's Department, with assistance from five area municipal police departments, conducted a sobriety checkpoint on State Route 150 in Beech Creek Township, Clinton County, Pennsylvania. At approximately 2:00 a.m., Licensee's vehicle was stopped by Clinton County Deputy Sheriff James Worden. Upon speaking to Licensee, Deputy Worden detected an odor of alcohol and asked Licensee if she would submit to field sobriety tests. Licensee agreed and was directed to Clinton County Deputy Sheriff Michael J. Johnstonbaugh, who administered the tests. After Licensee failed the field sobriety tests, Deputy Johnstonbaugh arrested her for driving under the influence of alcohol (DUI), in violation of Section 3731(a) of the Vehicle Code, 75 Pa. C.S. §3731(a). Deputy Johnstonbaugh then requested Licensee to submit to a blood alcohol test, but she refused.
Deputy Johnstonbaugh filed criminal charges against Licensee and, as a result of her refusal to submit to the chemical test, the Department imposed a one-year suspension of her operating privilege. On July 30, 1996, Licensee filed a statutory appeal to the trial court. Among the arguments Licensee raised on appeal was that Deputy Johnstonbaugh lacked authority to enforce Section 1547 of the Vehicle Code. In order to sustain a license suspension under Section 1547(b) of the Vehicle Code, the Department must prove that the licensee: 1) was arrested for DUI; 2) was asked to submit to a chemical test; 3) refused to do so; and 4) was specifically warned that a refusal would result in a license suspension. Department of Transportation, Bureau of Driver Licensing v. O'Connell, 521 Pa. 242, 555 A.2d 873 (1989). Where a licensee challenges the legal authority of the arresting officer, the Department bears the burden of proving that the officer has legal authority to make the arrest. Snyder v. Commonwealth, 640 A.2d 490 (Pa. Cmwlth. 1994). Unless the Department establishes that the arresting officer has such authority, this Court shall reverse the suspension. Id.
By agreement of the parties, confirmed by the trial court's order of September 4, 1996, the only issue to be addressed by the trial court was the legality of the arrest. The trial court held de novo hearings en banc on November 14, 1996 and May 19, 1997.
The Department's witnesses testified regarding the formal training received by Deputy Johnstonbaugh. The Department argued that this training was sufficient, under the Supreme Court's decision in Commonwealth v. Leet, 537 Pa. 89, 641 A.2d 299 (1994), to authorize Deputy Johnstonbaugh to enforce the Vehicle Code. Licensee maintained that completion of training as governed by the Municipal Police Officers Training Act (Act 120) was required in order for authority to enforce the Vehicle Code to be conferred upon an officer. Relying on Commonwealth v. Roose, 690 A.2d 268 (Pa. Super. 1997), the trial court agreed. Because Deputy Johnstonbaugh had not completed Act 120 training, the trial court held that he did not have the authority to arrest Licensee and sustained her appeal.
On appeal, the Department argues that Deputy Johnstonbaugh's training, which includes specific courses in field sobriety testing, accident investigation, DUI and the Vehicle Code, satisfies the sufficient prior traini
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