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

OPINION BY

Judge SIMPSON. 1

The Department of Transportation, Bureau of Driver Licensing (Department) appeals an order of the Somerset County Common Pleas Court (trial court) granting the statutory appeal of a license suspension filed by Mitchell James Kalina (Licensee). Department argues a nolle pros of an underlying criminal charge does not constitute a final determination as to eliminate a license suspension, and therefore the nolle pros does not constitute sufficient evidence to rebut the Department’s certified records. We reject this argument and affirm.

In October 2004, Licensee was cited…