Commonwealth v. Gano

EAKIN, J.:

¶ 1 Robert Gano appeals from the judgment of sentence for driving under the influence of alcohol (DUI). We remand for further proceedings.

¶ 2 Appellant is a Pennsylvania State Trooper. On September 6, 1999, he was arrested for driving under the influence and accidents involving damage to unattended vehicles; his blood alcohol content (BAC) was above .20%. Within 24 hours, appellant voluntarily entered an alcohol rehabilitation program. He waived his preliminary hearing and applied for the York County accelerated rehabilitative disposition (ARD) program. The district attorney agreed…