Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Commonwealth of Pennsylvania v. Thomas Sieg, No. S.A. 1189 of 1987.
Melissa K. Dively, Assistant Counsel, with her, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.
Francis A. Muracca, for appellee.
Judges Doyle and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge McGinley. Judge MacPhail did not participate in the decision in this case.
[ 121 Pa. Commw. Page 260]
The Department of Transportation, Bureau of Driver Licensing (Department) appeals from a decision of the Court of Common Pleas of Allegheny County sustaining
[ 121 Pa. Commw. Page 261]
the statutory appeal of Thomas Raymond Sieg (Licensee) from the decision of the Department suspending Licensee's operating privilege. We reverse.
Licensee was accepted into the Accelerated Rehabilitative Disposition (ARD)*fn1 program on November 29, 1984, for a charge of Driving Under the Influence (DUI), section 3731 of the Vehicle Code (Code), as amended, 75 Pa. C.S. § 3731, which arose from a September 17, 1984 offense in Allegheny County. As a result of Licensee's placement in the ARD program, his operating privilege was suspended for a period of thirty days pursuant to Section 3731(e)(6)(ii) of the Code, as amended, 75 Pa. C.S. § 3731(e)(6)(ii).*fn2
On September 4, 1986, Licensee was convicted in Lawrence County of a second offense*fn3 of DUI which offense occurred during his probationary period on March 5, 1986. As a result of the September 4, 1986 conviction, the ARD for the first offense was revoked
[ 121 Pa. Commw. Page 262]
and the charges were reinstated.*fn4 Licensee proceeded to trial and was found "not guilty" of the first offense.*fn5
Also as a result of the September 4, 1986 conviction, by notice dated May 28, 1987, the Department suspended Licensee's operating privilege for a period of one year pursuant to Section 1532(b)(3) of ...