Commonwealth v. Stewart

OLSZEWSKI, Judge:

This is an appeal by the Commonwealth from the judgment of sentence imposed following a guilty plea to a charge of driving under the influence. The sole question presented is whether an individual who has successfully completed a period of accelerated rehabilitation disposition (herein after A.R.D.) arising out of an arrest under section 3731 of the Motor Vehicle Code of 1976, 75 Pa.C.S.A. § 37311, (hereinafter referred to as “old drunk driving law)”, must be sentenced as a second offender under section 3731, 75 Pa.C.S. § 3731 Supp.1984,2 (hereinafter referred to as “new…