Commonwealth v. Brown

WIEAND, Judge:

Regis Brown was tried nonjury and was found guilty of driving while under the influence of alcohol in violation of 75 Pa.C.S. § 3731(a)(1). After the guilty verdict had been recorded, Brown requested orally that he be placed in the ARD program. His request was denied because it was untimely. In post-trial motions, Brown repeated his request that he be included in the ARD program and alleged that his pre-trial counsel had been ineffective for failing to file a pre-trial motion to compel the District Attorney to nominate him for the ARD program. The post-trial motions were also…