ORDER

AND NOW, this 31st day of October, 1996, we GRANT Petitioner’s Petition for Allowance of Appeal, VACATE Petitioner’s 75 Pa. C.S. § 3731(a)(5) conviction pursuant to this court’s decision in Commonwealth v. Barud, — Pa. -, 681 A.2d 162 (1996), and REMAND this matter to the sentencing court for proceedings consistent with our opinion in Barud.