Commonwealth v. Benn

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal by allowance from an order of the Superi- or Court, 444 Pa.Super. 672, 663 A.2d 244, which reversed an order of the Court of Common Pleas of Montgomery County requiring that appellant, Paul Michael Benn, be placed in an accelerated rehabilitative disposition (ARD) program.

In 1993, appellant was charged with driving while under the influence of alcohol. To avoid facing trial on this charge, appellant requested admission to an ARD program. He completed an application which contained the following question:

Have you ever been arrésted,…