Commonwealth v. Grady

WIEAND, Judge:

The question presented by this appeal is whether the legislature’s addition of a recidivist section to the “drunk driving law,” 75 Pa.C.S. § 3731(e)(l)(ii), 1 is unconstitutional as a violation of the proscriptions against ex post facto laws found in Art. 1, § 10 of the United States Constitution and Art. 1, § 17 of the Pennsylvania Constitution. We hold that the amendment is constitutional.

The facts are simply stated. In November, 1976, Donald Grady entered a guilty plea to driving while under the influence of alcohol in violation of Section 1037 of the Motor Vehicle Code of…