Legal Opinion · Dissent

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

Commonwealth Court of Pennsylvania

Decided March 25, 2010No. 1831 C.D. 2008Published

1Dissent

DISSENTING OPINION BY

Judge COHN JUBELIRER.

Because I disagree with the majority’s interpretation of Section 1533(d) of the *1018Vehicle Code, as amended, 75 Pa.C.S. § 1533(d), as well as its reliance on Rossi v. Department of Transportation, Bureau of Driver Licensing, 580 Pa. 238, 860 A.2d 64 (2004), and Commonwealth v. Williams, 872 A.2d 186 (Pa.Super.2005), I must respectfully dissent.

In this case, Ezra J. Burgess’s (Burgess) operating privilege was indefinitely suspended, effective July 5, 2007, pursuant to Section 1533(a),1 because he failed to timely respond to a citation that he received for…

2Cases cited4 opinions

  1. Rossi v. CommonwealthSupreme Court of Pennsylvania · 2004
  2. Commonwealth v. WilliamsSuperior Court of Pennsylvania · 2005
  3. Burgess v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2010
  4. Commonwealth v. CableCommonwealth Court of Pennsylvania · 1990

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