Gallant v. Commonwealth, Department of Transportation

DISSENTING OPINION BY

Judge COHN.

Respectfully, I dissent.

The majority relies on Tripson v. Department of Transportation, Bureau of Driver Licensing, 773 A.2d 195 (Pa.Cmwlth.2001), petition for allowance of appeal denied, 568 Pa. 690, 796 A.2d 320 (2002). I believe that Tripson was wrongly decided.1 Additionally, assuming arguendo, the validity of the Tripson decision, the case sub judice is factually distinguishable such that Tripson does not control our determination of this matter.

I. Tripson was wrongly decided

In Tripson, the Bureau of Driver Licensing (DOT) suspended the motor vehicle…