Supreme Court of Pennsylvania, 2010

Whalen v. COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING

Whalen v. COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING
Supreme Court of Pennsylvania · Decided December 22, 2010 · Per Curiam
10 A.3d 900; 608 Pa. 142; 2010 Pa. LEXIS 2984 (Atlantic Reporter, Third Series)

Whalen v. COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING

Opinion

*143 ORDER

PER CURIAM.

AND NOW, this 22nd day of December 2010, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:

Does [Licensee’s] acceptance of ARD for his second DUI charge establish a DUI violation and thereby trigger the statutory ignition-interlock requirement where: the general assembly and the courts have consistently treated the acceptance of ARD for a DUI charge as an adjudication mandating the imposition of suspensions or revocations, even where the language of the statute required conviction; and the statute at issue here only requires a violation and suspension in order to require installation of an ignition interlock as a condition of license restoration?

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