Legal Opinion

Whalen v. Commonwealth, Department of Transportation

Commonwealth Court of Pennsylvania

Decided February 17, 2010No. 1478 C.D. 2009PublishedCited by 2 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

The primary question in this appeal is whether acceptance into an Accepted Rehabilitative Disposition (ARD) program for a second violation of 75 Pa.C.S. § 3802 (relating to driving under the influence (DUI) of alcohol or controlled substance) precludes the Department of Transportation, Bureau of Driver Licensing (Department) from requiring a licensee to install ignition interlock systems (interlock systems) on his vehicles. The Department asserts the Court of Common Pleas of Mercer County (trial court) 1 lacked jurisdiction to consider John K. Whalen’s (Licensee) 2…

2Cases cited7 opinions

  1. McGrory v. COM., DEPT. OF TRANSP.Supreme Court of Pennsylvania · 2007
  2. Commonwealth v. KneppSuperior Court of Pennsylvania · 1982
  3. Probst v. Com., Dept. of Transp.Supreme Court of Pennsylvania · 2004
  4. Schneider v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2002
  5. Mohamed v. Commonwealth, Department of Transportation, Bureau of Motor VehiclesCommonwealth Court of Pennsylvania · 2009

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

3Cited by2 opinions

  1. Whalen v. Commonwealth, Department of Transportation, Bureau of Driver LicensingSupreme Court of Pennsylvania · 2011
  2. D. Zarrilli v. Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2019

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API