Legal Opinion

COM., DEPT. OF TRANSP. v. Malizio

Commonwealth Court of Pennsylvania

Decided December 2, 1992No. 611 C.D. 1992PublishedCited by 31 opinions

1Opinion of the Court

CRAIG, President Judge.

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 driver’s 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…

2Cases cited10 opinions

  1. Commonwealth v. SwangerSupreme Court of Pennsylvania · 1973
  2. Com., Dept. of Transp. v. WysockiSupreme Court of Pennsylvania · 1987
  3. Bureau of Traffic Safety v. DreisbachCommonwealth Court of Pennsylvania · 1976
  4. Com., Dept. of Transp. v. McFarrenSupreme Court of Pennsylvania · 1987
  5. Commonwealth v. QuarlesSuperior Court of Pennsylvania · 1974

5 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Banner v. COM., DEPT. OF TRANSP.Supreme Court of Pennsylvania · 1999
  2. Vinansky v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1995
  3. McDonald v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1998
  4. Hatalski v. CommonwealthCommonwealth Court of Pennsylvania · 1995
  5. Gasper v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1996

26 more not listed; retrieve them via the Exa API.

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