“On remand, the trial court must allow the district attorney to decide the merits of Corrigan’s inclusion into the ARD program subject to the exclusions outlined by the Legislature in the Motor Vehicle Code,” Musmanno wrote in Commonwealth v. Corrigan. “If the district attorney again chooses to admit Corrigan, the trial court must hold a hearing during which each party must be allowed the opportunity to present evidence … After the hearing, the trial court may then decide whether to accept the defendant into the ARD program.”
Corrigan’s attorney, Joseph M. Devecka of State College, Pa., could not be reached for comment.
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