Meredith v. Commonwealth
Commonwealth Court of Pennsylvania
1DissentMcGINLEY, Judge
I must respectfully dissent from the majority opinion and its characterization of the instant appeal as a collateral attack on the underlying criminal proceedings. Licensee has not challenged his conviction under 18 Pa.C.S. § 6308. Licensee’s appeal is limited to a challenge to the rationality and constitutionality of 18 Pa.C.S. § 6310.4 as applied to him by DOT’S suspension of his motor vehicle operating privileges because the offense is unconnected to the use of a motor vehicle. This type of challenge is not excluded from our review, and is similar to constitutional challenges this Court…
2Cases cited4 opinions
- Commonwealth v. StrunkSupreme Court of Pennsylvania · 1990
- Sheakley v. CommonwealthCommonwealth Court of Pennsylvania · 1986
- Commonwealth v. LemonCommonwealth Court of Pennsylvania · 1977
- In re Appeal From Revocation of Operator's License of DeemsCommonwealth Court of Pennsylvania · 1978