COM., DEPT. OF TRANSP. v. Kappas

I join with the majority in holding that the presumption created by the introduction of the “REPORT OF THE CLERK OF COURT SHOWING THE CONVICTION OF ANY ACT IN WHICH A JUDGE DETERMINES THAT A MOTOR VEHICLE WAS ESSENTIALLY INVOLVED” is not rebutted by a transcript which did not include a reference to a judge’s specific finding that a motor vehicle was involved. To rebut that presumption, Licensee is required to introduce a certified copy of the docket entries of the criminal proceeding that resulted in his felony conviction, indicating that the trial court never entered an order making a…