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Commonwealth v. Szebin

Judgment of sentence for DUI affirmed; by availing himself of the ARD program as an alternative to trial, defendant agreed that failure to abide by the terms and conditions of the program would result in prosecution for the original charge; defendant's plea of guilty to careless driving at the time he was admitted into the ARD program did not raise double jeopardy bar.

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� 1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Blair County following appellant’s conviction for driving under the influence of alcohol. Upon review, we affirm.

� 2 The relevant facts and procedural history are as follows. On February 6, 1999, appellant was arrested for driving under the influence of alcohol and careless driving. *fn1 On August 10, 1999, appellant voluntarily enrolled in the Accelerated Rehabilitative Disposition (“ARD”) program. At the same time, appellant pleaded guilty to the summary traffic charge of careless driving. On May 9, 2000, the Commonwealth filed a motion for revocation of the ARD program and requested permission to proceed on the original charges. The Commonwealth initiated the revocation following information received from the Adult Parole and Probation Office that appellant violated his probation by engaging in public drunkenness.

� 3 On August 25, 2000, appellant was removed from the ARD program and was placed back onto the Blair County Court of Common Pleas trial list for the DUI charge. On September 22, 2000, appellant filed a motion to dismiss the DUI charge because appellant pleaded guilty to the summary offense at the time he entered the ARD program and contended the prosecution for the DUI violated 18 Pa.C.S. � 110. A hearing followed and appellant’s motion was denied by order dated September 25, 2000. Appellant pleaded guilty and was sentenced on the original DUI charge. This appeal followed.

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