And the statue that sets penalties for subsequent DUIs reads that an ARD admission does count to enhance the grading And mandatory minimum for a subsequent offense within 10 years. The superior court at one time had ruled that that provision was unconstitutional, and therefore a subsequent offense should be prosecuted without considering the ARD for enhancement purposes. That case was overturned by the same superior court, and that decision was appealed to the Supreme Court of Pennsylvania since that time, other appeals have been filed and one has currently been argued before the Supreme Court and a decision is hopefully soon forthcoming to decide this issue.
Comments
Laura Haines Reply
Posted Mar 13, 2025 at 08:16:33
Do they have a date of this argument in session? Curious if there’s anything I can look up to stay updated.
Thank you for the informative blog post! One of the only ones I’ve seen with a recent update regarding this decision.
Paul M. Aaroe, II Reply
Posted Mar 13, 2025 at 08:21:13
It is my understanding that the case has been argued, and we are just awaiting a decision by the Supreme Court. I do not know the timeline, but there are rumors it should be issued shortly.
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