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COMMONWEALTH PENNSYLVANIA v. ARNOLDUS V. RICE (09/06/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 6, 1983.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
ARNOLDUS V. RICE, III, APPELLEE

Appeal from the Order of the Court of Common Pleas of Bucks County in case of Arnoldus V. Rice, III v. Commonwealth of Pennsylvania, Department of Transportation, No. 80-7335-05-6.

COUNSEL

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

No appearance for appellee.

Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 77 Pa. Commw. Page 35]

This is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Bucks County which reversed DOT's revocation of Appellee's driver's license. We reverse.

On June 12, 1980, DOT issued a notice of revocation to the Appellee, Arnoldus V. Rice, III under the "habitual offender" provisions of Section 1542 of the Vehicle Code.*fn1 Appellee appealed DOT's decision to

[ 77 Pa. Commw. Page 36]

    the Court of Common Pleas of Bucks County, which reversed the revocation, holding that DOT could not consider Appellee's participation in an Accelerated Rehabilitative Disposition (A.R.D.) program*fn2 as a conviction for purposes of Section 1542 of the Vehicle Code. DOT appeals the court's order reversing the license revocation.

The issue raised in this appeal has been considered by the Commonwealth Court in Department of Transportation, Bureau of Traffic Safety v. McDevitt, 57 Pa. Commonwealth Ct. 589, 427 A.2d 280 (1981), aff'd 500 Pa. 533, 458 A.2d 939 (1983), a case decided shortly after the trial court's decision in this matter.*fn3 In McDevitt, we held that participation in an A.R.D. program shall be considered a conviction for purposes of determining whether a person is a habitual offender under Section 1542 of the Vehicle Code. We find McDevitt indistinguishable from the present case and accordingly reverse the trial court's decision.

Order

Now, September 6, 1983, the order of the Court of Common Pleas of Bucks County in the above referenced matter, dated December 22, 1980, is hereby reversed.

Disposition

Reversed.


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