ORDER

AND NOW, this 13th day of December, 1996, the Petition for Allowance of Appeal is GRANTED, limited to the issue of whether 75 Pa.C.S. § 3731(a)(5) is unconstitutional. Petitioner’s conviction under 75 Pa.C.S. § 3731(a)(5) and her judgment of sentence are vacated pursuant to Commonwealth v. Barud, 545 Pa. 297, 681 A.2d 162 (1996) and the matter is remanded to the trial court for further action consistent with this Order. Jurisdiction is relinquished.