Commonwealth v. Scheinert

WIEAND, Judge:

Denise Scheinert was tried and found guilty of driving while under the influence of alcohol. She had previously been arrested and charged with the same offense in 1983, after the effective date of the mandatory sentence provisions of 75 Pa.C.S. § 3731(e). On that occasion, however, she had been accepted into the Accelerated Rehabilitation Disposition program (ARD), where she successfully completed a period of probation. When, on September 30,1985, she appeared for sentencing for the later offense, the sentencing court treated her as a second offender and, consistent with the…