COM., DEPT. OF TRANSP. v. Johns

I concur in part and respectfully dissent in part.

Although I agree with the majority that the licensee may not use the civil matter to collaterally attack the underlying criminal conviction and that the trial court in the civil revocation proceeding is limited to deciding whether the court in the criminal proceeding had determined that a vehicle was essentially involved in commission of the felony and whether DOT acted properly in imposing the revocation, I do not believe that DOT met its burden of proving that the trial court had determined that a vehicle was essentially involved.

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