Commonwealth v. Tharp

STEVENS, J.:

¶ 1 In this case of first impression, we are asked to determine whether, under the December 12,1994 amendments to the Vehicle Code, 1 a driver who is found to be a habitual offender due to three DUI convictions, and has had his license suspended as a result thereof, may be found guilty of violating 75 Pa.C.S.A. § 1543(b)(1) if he operates a motor vehicle after the expiration of his suspension but before his license is restored. The Court of Common Pleas of Northumber-land County concluded that a driver may not be convicted pursuant to subsection 1543(b)(1) under such…