Commonwealth v. Belville

TAMILIA, Judge:

Following an April 1997 nonjury trial, appellant, Suzanne Belville, was found guilty of driving under the influence of alcohol. 1 She appeals from her August 15, 1997 judgment of sentence imposing a forty-eight (48) hour to twenty-three (23) month term of imprisonment.

On appeal, appellant claims the prosecution abused its discretion in refusing to admit her to the Accelerated Rehabilitative Disposition (ARD) program. The facts as they pertain to this issue have been summarized by the trial court and are as follows.

In 1987, Appellant was placed into the ARD program following her…