Commonwealth v. Pypiak

DEL SOLE, J.:

¶ 1 The Commonwealth appeals from an order directing Appellee’s admission into an Accelerated Rehabilitative Disposition (ARD) program. The sole issue raised on appeal is whether the trial court erred in ordering Appellee’s admission into the program. We reverse.

¶ 2 Appellee was charged with two counts of driving under the influence, 75 Pa.C.S.A. § 3731(a)(1) and 75 Pa.C.S.A. § 3731(a)(4)© and applied for Accelerated Rehabilitative Disposition (ARD). The Luzerne County District Attorney denied the application following the arresting officer’s objection to the request. Appellee’s…