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LEBANON COUNTY DISTRIBUTION FEES OR FINANCIAL CONDITIONS IMPOSED ARD/DUI CASES. CITY LEBANON (01/10/89)

decided: January 10, 1989.

IN RE: LEBANON COUNTY DISTRIBUTION OF FEES OR FINANCIAL CONDITIONS IMPOSED IN ARD/DUI CASES. CITY OF LEBANON, APPELLANT


Appeal from the Order of the Court of Common Pleas of Lebanon County in the case of In Re: Lebanon County Distribution of Fees or Financial Conditions Imposed in ARD/DUI Cases, No. 87-00527.

COUNSEL

Paul R. Ober, with him, James L. Davis, Paul R. Ober & Associates, for appellant.

Rosamond A. Presby, Feeman & Feather, for appellee, County of Lebanon.

Suellen M. Wolfe, Chief Deputy Attorney General, with her, Bryan E. Barbin, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for Amicus Curiae, Commonwealth of Pennsylvania.

President Judge Crumlish, Jr., and Judges Craig, Doyle, Barry, Colins, Palladino and McGinley. Opinion by Judge Doyle. Judge MacPhail did not participate in the decision in this case. Dissenting Opinion by Judge Palladino.

Author: Doyle

[ 122 Pa. Commw. Page 524]

Appellants, the City of Lebanon (City), and the Borough of Palmyra (Borough), appeal an order of the Court of Common Pleas of Lebanon County granting declaratory judgment relief in favor of the Appellee County of Lebanon (County), and finding that monies collected as administrative costs for placing individuals in the Accelerated Rehabilitation Disposition (ARD) Program pursuant to Section 3731 of the Vehicle Code, 75 Pa. C.S. § 3731 (driving under influence of alcohol or controlled substance), should not be distributed equally between the Appellants*fn1 and the County, but rather are payable exclusively to the County.

The common pleas court held that these funds are not "fines" within the meaning of Section 3573 of the Judicial Code, as amended, 42 Pa. C.S. § 3573 (municipal corporation portion of fines), and thus are not available for distribution to the municipal corporation whose local police action resulted in the charges being brought. Instead, the funds are to be distributed solely to the County as a reasonable charge relating to the expense of administering the ARD program.

The issues raised below are identical to those before us. Judge Robert J. Eby, in his comprehensive and well-reasoned opinion, dealt with the issues in a thorough manner and we agree with his analysis and, accordingly,

[ 122 Pa. Commw. Page 525]

    affirm on his opinion reported at Lebanon County Distribution of Fees or Financial Conditions Imposed in ARD/DUI Cases, (No. 87-00527 filed December 28, 1987), Pa. D. & C. 3d (1988).

Order

Now, January 10, 1989, the order of the Court of Common Pleas of Lebanon County in the above-captioned matter is affirmed on ...


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