ORDER

AND NOW, this 21st day of November, 2007, the order of the Allegheny County Court of Common Pleas is reversed insofar as it declared Section 3802 of the Vehicle Code, 75 Pa.C.S. § 3802, unconstitutional, and the case is remanded for further proceedings. See Commonwealth v. Duda, 592 Pa. 164, 923 A.2d 1138 (2007); Commonwealth v. Finchio, 592 Pa. 577, 926 *701A.2d 968 (2007). The Commonwealth’s petition for an immediate remand is dismissed as moot.