Legal Opinion

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

Commonwealth Court of Pennsylvania

Decided September 4, 2014PublishedCited by 5 opinions

1Opinion of the Court

OPINION BY

Judge LEAVITT.

The Department of Transportation, Bureau of Driver Licensing (PennDOT), appeals an order of the Court of Common Pleas of Westmoreland County (trial court) reversing the one-year disqualification of Michael A. Kozieniak’s (Licensee) commercial driver’s license pursuant to Section 1611(a)(1) of the Vehicle Code, 75 Pa.C.S. § 1611(a)(1). PennDOT contends that the trial court erred in holding that PennDOT’s disqualification of Licensee to operate commercial vehicles was penal in nature and imposed upon him without adequate due process. We reverse.

Background

Licensee has…

2Cases cited9 opinions

  1. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  2. Smith v. DoeSupreme Court of the United States · 2003
  3. Com., Dept. of Transp. v. McCaffertySupreme Court of Pennsylvania · 2000
  4. Commonwealth v. DuffeySupreme Court of Pennsylvania · 1994
  5. Commonwealth v. BursickSupreme Court of Pennsylvania · 1990

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

3Cited by5 opinions

  1. A. Factor v. Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2018
  2. Com. v. Cernick, J.Superior Court of Pennsylvania · 2022
  3. D.T. Kerr v. Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2019
  4. In re: Appeal of: T. Heinz ~ Appeal of: T. HeinzCommonwealth Court of Pennsylvania · 2024
  5. J.M. James, Jr. v. PennDOTCommonwealth Court of Pennsylvania · 2020

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