Gigous v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION BY

Judge SIMPSON.

This case is before us on remand for reconsideration in light of the Supreme Court’s decision in Commonwealth v. Haag, 603 Pa. 46, 981 A.2d 902 (2009) (when presented with two or more violations of 75 Pa.C.S. § 3802 (DUI), before applying recidivist sentencing provisions of DUI statutes, a sentencing court must first ascertain whether conviction on the first violation occurred before the offender committed the second offense). Although the Department of Transportation, Bureau of Driver Licensing (Bureau) concedes that in view of Haag, Travis James Gigous (Licensee) had…