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John K. Whalen v. Commonwealth of Pennsylvania

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


December 22, 2010

JOHN K. WHALEN, RESPONDENT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, PETITIONER

Petition for Allowance of Appeal from the Order of the Commonwealth Court

Per curiam.

ORDER

AND NOW, this 22nd day of December 2010, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is: Does [Licensee's] acceptance of ARD for his second DUI charge establish a DUI violation and thereby trigger the statutory ignition-interlock requirement where: the general assembly and the courts have consistently treated the acceptance of ARD for a DUI charge as an adjudication mandating the imposition of suspensions or revocations, even where the language of the statute required conviction; and the statue at issue here only requires a violation and suspension in order to require installation of an ignition interlock as a condition of license restoration?

20101222

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