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

> Commonwealth Court of Pennsylvania · August 13, 2009 · 979 A.2d 951

URL: https://www.frixlaw.com/law-library/cases/9649576

## Case

- **Full name:** Gary L. PEACHEY v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** August 13, 2009
- **Citations:** 979 A.2d 951; 2009 Pa. Commw. LEXIS 1112; 2009 WL 2461221
- **Precedential status:** Published
- **Opinion:** Concurrence by Leadbetter
- **Judges:** Leadbetter, Simpson, Friedman
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9649576

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9649576. Public record. Not legal advice.