Commonwealth v. Hayes

Summary

The Pennsylvania Superior Court held that a Maryland probation-before-judgment disposition for driving while intoxicated qualifies as a prior offense under Pennsylvania's DUI recidivist-sentencing statute. The court distinguished Maryland probation before judgment from Pennsylvania's Accelerated Rehabilitative Disposition because Maryland law requires a determination of guilt or an equivalent plea before probation before judgment may be imposed. It vacated the sentence and remanded for resentencing as a third-offense DUI.

Holdings

1. A Maryland probation-before-judgment disposition is a form of preliminary disposition within the meaning of 75 Pa.C.S.A. § 3806(a) and therefore constitutes a prior offense for Pennsylvania DUI recidivist sentencing.
2. Counting Hayes's Maryland PBJ disposition as a prior offense did not violate due process because the Maryland procedure included the constitutional safeguards absent from Pennsylvania's ARD program.

Questions Presented

1. Whether a Maryland probation-before-judgment disposition constitutes a prior offense under 75 Pa.C.S.A. § 3806(a) for purposes of Pennsylvania DUI recidivist sentencing.
2. Whether the Pennsylvania sentencing court erred by refusing to treat the Maryland probation-before-judgment disposition as a prior conviction based on due-process principles discussed in Commonwealth v. Chichkin.

Disposition

vacated