Commonwealth v. Bowers
25 A.3d 349
| Pa. Super. Ct. | 2011Background
- Bowers was charged with two counts of DUI and careless driving in 2008; he entered ARD in January 2009 for a prior DUI arrest.
- In June 2009, while still in ARD, Bowers was arrested for speeding; BAC was 0.118 and he faced new DUI charges.
- In October 2009 the court considered removal from ARD but ultimately allowed withdrawal from ARD and trial on the 2008 charges proceeded, resulting in acquittal on the DUI charges and dismissal of careless driving.
- In March 2010, after pleading guilty to the June 2009 DUI charges, the court sentenced Bowers as a first-time DUI offender to 48 hours' incarceration.
- The Commonwealth appealed, arguing Bowers had ARD within ten years and thus was a second-time offender under 75 Pa.C.S.A. § 3806(b).
- The Superior Court vacated the sentence as illegal, remanding to resentencing consistent with a second-time offender under § 3804(b)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ARD counts as a prior offense for 3806(b) look-back | Bowers: ARD counts as prior regardless of acquittal | Bowers: ARD look-back should be considered based on guilt/innocence at ARD time | ARD acceptance is a prior offense for 3806(b) look-back |
| Whether sentencing should reflect second-offender penalties under 3804(b)(2) | Commonwealth | Bowers | Sentence must reflect second-offender penalties; 30-day minimum applies |
| Whether due process or double jeopardy arguments bar applying 3806(b) | Commonwealth contends no bar | Bowers asserts due process/double jeopardy concerns | Arguments rejected; due process and collateral estoppel concerns not controlling |
| Whether Zampier's analysis should govern this case over Becker/Love | Commonwealth favors Becker/Love approach that ARD look-back may be preserved | Bowers relies on Zampier distinctions | Court adopts Becker/Love view; ARD look-back valid despite acquittal |
| Effect of ARD withdrawal on prior offense status | ARD withdrawal does not nullify prior offense status | Bowers argues withdrawal voids ARD prior | Prior ARD acceptance remains valid for 3806(b) purposes |
Key Cases Cited
- Becker, 530 A.2d 888 (Pa. Super. 1987) (ARD acceptance counts as prior offense for DUI look-back)
- Love, 957 A.2d 765 (Pa. Super. 2008) (ARD acceptance constitutes a prior conviction for 3806 look-back)
- Zampier, 952 A.2d 1179 (Pa. Super. 2008) (distinguishes timing of ARD and second offense; ARD may be treated differently)
- Scheinert, 359 Pa. Super. 423 (Pa. Super. 1987) (due process implications of prior ARD-like dispositions; voluntary ARD notice)
- Segida, 985 A.2d 871 (Pa. 2009) (plain language governs look-back and penalties; ARD alignment with 3806)
- Haag, 603 Pa. 46 (Pa. 2009) (forms of preliminary disposition and their relation to penalties)
- Knepp, 307 Pa. Super. 535 (Pa. Super. 1982) (sentencing factors may include ARD-like dispositions)