Recent Common Pleas Decisions Hold Imposition of Second Offense Mandatory Minimum DUI Sentences Unconstitutional When Based on Prior ARD Acceptance
A series of recent decisions by Common Pleas judges in Philadelphia and Montgomery counties could have wide-ranging implications on DUI sentencing in Pennsylvania. At least four Common Pleas judges in those counties have recently held that it is unconstitutional to consider a defendants’ prior acceptance of ARD as a prior DUI conviction, and to impose…