Kyle Lewis Schreiber v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing

Summary

The Commonwealth Court of Pennsylvania affirmed the dismissal of Kyle Lewis Schreiber’s statutory appeal from a 12-month driver’s license suspension imposed after a subsequent DUI conviction. The court held that a prior DUI-related acceptance of Accelerated Rehabilitative Disposition could be treated as a prior offense for purposes of the civil license suspension provisions of the Vehicle Code, and that Commonwealth v. Chichkin did not require a different result.

Holdings

1. A prior DUI-based acceptance of ARD may be treated as a prior offense under 75 Pa.C.S. § 3806 for purposes of imposing a civil driver's-license suspension under section 3804(e).

Questions Presented

1. Whether a prior acceptance of ARD may be treated as a prior offense under 75 Pa.C.S. § 3806 for purposes of imposing a civil 12-month driver's-license suspension under section 3804(e)(2)(i).
2. Whether Commonwealth v. Chichkin rendered the statutory suspension invalid or otherwise barred use of the prior ARD in a license-suspension proceeding.

Disposition

affirmed