Ponce v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

I respectfully dissent.

In this appeal, Ponce claims, inter alia, that the one-year suspension of his operating privileges imposed by the Department of Transportation, Bureau of Driver Licensing (DOT) for his failure to submit to chemical testing pursuant to section 1547 of the Vehicle Code (Implied Consent Law)1 is precluded by the Double Jeopardy Clause of the United States Constitution as it constitutes a second attempt by the Commonwealth to punish him for the offense of driving while under the influence of alcohol, 75 Pa.C.S. § 3731. Because I believe that Ponce is correct that the…