Opinion

Peachey v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

979 A.2d 951
2009 Pa. Commw. LEXIS 1112
2009 WL 2461221

Court: Commonwealth Court of Pennsylvania
Filed: Aug 13, 2009
Status: Published
Author: Leadbetter
On the bench: Leadbetter, Simpson, Friedman
Cited by: 4 cases

following the holding in Clayton

How later courts described this case

following the holding in Clayton

Written by the judges who cited it.

The opinion

CONCURRING OPINION BY

President Judge LEADBETTER.

I concur in the result reached by the majority. Although I do not believe that Dr. Parry’s testimony was sufficient to overcome the presumption contained in 67 Pa.Code that one is not qualified to drive within six months following a seizure, I agree with the majority that this issue has not been raised by DOT and, therefore, is waived.

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