Legal Opinion · Dissent

Mohamed v. Commonwealth, Department of Transportation

Supreme Court of Pennsylvania

Decided March 26, 2012No. 86 MAP 2009Published

1DissentChief Justice Castille

I respectfully dissent. I would affirm the decision of the Commonwealth Court to transfer this appeal of a routine administrative license suspension to the Dauphin County Court of Common Pleas. I am persuaded that the Commonwealth Court correctly assessed the intent of the General Assembly to provide a mechanic whose inspections certificate is suspended by the Department of Transportation (“Department”), see 75 Pa.C.S. § 4726, with an appeal and de novo evidentiary hearing in the court of common pleas. The Majority’s reading of the statutory language, although certainly reasonable when viewed…

2Cases cited4 opinions

  1. Commonwealth v. ShifflerSupreme Court of Pennsylvania · 2005
  2. Commonwealth v. ZortmanSupreme Court of Pennsylvania · 2011
  3. Commonwealth v. GreySuperior Court of Pennsylvania · 1982
  4. Alekseev v. CITY COUNCIL OF PHILADELPHIASupreme Court of Pennsylvania · 2010

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