Commonwealth Pennsylvania v. James v. Malizio

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Court of Common Pleas of Allegheny County dated February 12, 1992, that sustained the appeal of James Malizio from a twelve-month drivers license suspension for refusal to submit to a chemical test under the implied consent law of the Vehicle Code, 75 Pa.C.S. ? 1547 (the Code). We conclude that the trial court erred in requiring the police to prove probable cause for the traffic stop because a license suspension matter is a civil proceeding in which the probable cause standard is not applicable. Therefore, the order of the trial court must be reversed, and the license suspension must be reinstated.