Commonwealth relating privilege (Pennsylvania) · Go Syfert
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Commonwealth relating privilege in Pennsylvania

6 Pennsylvania opinions name it 3 courts 2002–2022 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Commonwealth v. Zimmickgreen
pa · 1995 · cited in 3 Pennsylvania opinions naming this issue, 2002–2022
2 sentences

2022To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.” Commonwealth v. Zimmick, [] 653 A.2d 1217, 1222-23 ([Pa.] 1995).

2002See also Commonwealth v. Zimmick, 539 Pa. 548 , 653 A.2d 1217, 1222-23 (1995) (driving is a privilege, not a right; to obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege).

33
A. Renfroe, Jr. v. PennDOT, Bureau of Driver Licensinggreen
pacommwct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.” Renfroe v. Dep’t of Transp., Bureau of Driver Licensing, 179 A.3d 644, 648 (Pa. Cmwlth. 2018) (citation omitted); see also Commonwealth v. Vivio, 224 A.2d 777, 778 (Pa. Super. 1966) (“A license to operate a motor vehicle is a limited right to use the public highway, and it is for the Commonwealth, acting through the legislature, to direct the conditions under which this right shall be exercised.”).

11
Commonwealth v. DeFuscogreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020“The primary purpose of the [Vehicle Code] and its amendments is to protect and promote public safety and property within the Commonwealth.” Commonwealth v. DeFusco, 549 A.2d 140, 142 (Pa. Super. 1988). 6 Notably, Sexauer’s counsel did not make any representations to the trial court to confirm or deny DOT’s understanding, and this Court does not have the benefit of Sexauer’s position on appeal, as she was precluded from filing a brief. 12 Finally, remand for a hearing is necessary when an appellate court cannot determine whether the trial court relied on inaccurate information.

11
Vivio Motor Vehicle Operator License Casegreen
pasuperct · 1966 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.” Renfroe v. Dep’t of Transp., Bureau of Driver Licensing, 179 A.3d 644, 648 (Pa. Cmwlth. 2018) (citation omitted); see also Commonwealth v. Vivio, 224 A.2d 777, 778 (Pa. Super. 1966) (“A license to operate a motor vehicle is a limited right to use the public highway, and it is for the Commonwealth, acting through the legislature, to direct the conditions under which this right shall be exercised.”).

11
Alexander v. COM., DEPT. OF TRANSP.green
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Moreover, we note that our supreme court has long recognized that “[o]perating a motor vehicle is a privilege, not a right . . . [t]o obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.” Alexander v. Commonwealth, Dept. of Transp., 880 A.2d 552, 561 (Pa. 2005) (citations omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Marchese v. Commonwealth, Department of Transportation, Bureau of Driver Licensing green
pacommwct · 2017
1 sentence

2018Marchese , 169 A.3d at 740 .

12018–2018
Maurer v. Hamilton green
scotus · 1940
2 sentences

2005Operating a motor vehicle is a privilege, not a right: We must emphasize that driving is not a property right; rather it is a privilege. [Plowman v. Department of Transportation, Bureau of Driver Licensing, 535 Pa. 314 , 635 A.2d 124 (1993) (citing Maurer v. Boardman, 336 Pa. 17 , 7 A.2d 466 (1939)), aff'd sub nom., Maurer v. Hamilton, 309 U.S. 598 , 60 S.Ct. 726 , 84 L.Ed. 969 (1940).] To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.

2005Operating a motor vehicle is a privilege, not a right: We must emphasize that driving is not a property right; rather it is a privilege. [Plowman v. Department of Transportation, Bureau of Driver Licensing, 535 Pa. 314 , 635 A.2d 124 (1993) (citing Maurer v. Boardman, 336 Pa. 17 , 7 A.2d 466 (1939)), aff'd sub nom., Maurer v. Hamilton, 309 U.S. 598 , 60 S.Ct. 726 , 84 L.Ed. 969 (1940).] To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.

12005–2005
Plowman v. COM., DEPT. OF TRANSP. green
pa · 1993
2 sentences

2005Operating a motor vehicle is a privilege, not a right: We must emphasize that driving is not a property right; rather it is a privilege. [Plowman v. Department of Transportation, Bureau of Driver Licensing, 535 Pa. 314 , 635 A.2d 124 (1993) (citing Maurer v. Boardman, 336 Pa. 17 , 7 A.2d 466 (1939)), aff'd sub nom., Maurer v. Hamilton, 309 U.S. 598 , 60 S.Ct. 726 , 84 L.Ed. 969 (1940).] To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.

2005Operating a motor vehicle is a privilege, not a right: We must emphasize that driving is not a property right; rather it is a privilege. [Plowman v. Department of Transportation, Bureau of Driver Licensing, 535 Pa. 314 , 635 A.2d 124 (1993) (citing Maurer v. Boardman, 336 Pa. 17 , 7 A.2d 466 (1939)), aff'd sub nom., Maurer v. Hamilton, 309 U.S. 598 , 60 S.Ct. 726 , 84 L.Ed. 969 (1940).] To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.

12005–2005
Maurer v. Boardman green
pa · 1939
2 sentences

2005Operating a motor vehicle is a privilege, not a right: We must emphasize that driving is not a property right; rather it is a privilege. [Plowman v. Department of Transportation, Bureau of Driver Licensing, 535 Pa. 314 , 635 A.2d 124 (1993) (citing Maurer v. Boardman, 336 Pa. 17 , 7 A.2d 466 (1939)), aff'd sub nom., Maurer v. Hamilton, 309 U.S. 598 , 60 S.Ct. 726 , 84 L.Ed. 969 (1940).] To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.

2005Operating a motor vehicle is a privilege, not a right: We must emphasize that driving is not a property right; rather it is a privilege. [Plowman v. Department of Transportation, Bureau of Driver Licensing, 535 Pa. 314 , 635 A.2d 124 (1993) (citing Maurer v. Boardman, 336 Pa. 17 , 7 A.2d 466 (1939)), aff'd sub nom., Maurer v. Hamilton, 309 U.S. 598 , 60 S.Ct. 726 , 84 L.Ed. 969 (1940).] To obtain the benefit of such a privilege, a driver must abide by the laws of the Commonwealth relating to the privilege.

12005–2005

Statutes the citing opinions construe

PA § 75 Pa. Cons. Stat. § 1550 (3) PA § 75 Pa. Cons. Stat. § 3802 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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