X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
�1 This is an appeal from the April 16, 2001, one to two-year judgment of sentence imposed after the court determined this was the fourth conviction of driving while intoxicated (DUI) for the appellant, Dawn Marie Sharp. On appeal, Sharp argues the sentencing court erred by concluding this was her fourth DUI offense, rather than her third, and imposing the one-year mandatory minimum sentence. *fn1 Appellant contends that the first of her three offenses, all committed in the state of New York, did not “count” for purposes of determining how many total offenses had been committed, the most recent “fourth” offense having been committed in Pennsylvania. We disagree, and affirm judgment of sentence.

�2 On July 24, 1999, officers were called to the scene of a motor vehicle accident between a car and a motorcycle. After speaking with the appellant, who admitted she had rear-ended her boyfriend’s motorcycle causing him to crash, officers suspected appellant was intoxicated and asked her to submit to a blood test. Appellant agreed and the results indicated she had a blood alcohol content (BAC) of 0.214%, far above the legal limit. Appellant subsequently was charged with driving while under the influence of alcohol to a degree which rendered her incapable of safe driving,*fn2 and driving while her BAC was 0.10% or greater.*fn3 On February 16, 2000, appellant entered an open plea of guilty, and the court ordered that a pre-sentence investigation report (PSI) and a “prior record check” be conducted with regard to the three previous DUI convictions in the state of New York. The court received and considered the reports which indicated appellant was convicted of drunk driving in New York on January 27, 1993, March 7, 1994, and May 7, 1996. The sentencing court then determined appellant was a four-time DUI offender, and sentenced her to a mandatory minimum term of one year imprisonment. In so concluding, the court likened appellant’s first New York conviction to one similarly penalized under Pennsylvania’s Accelerated Rehabilitative Disposition (ARD), and considered it as appellant’s first conviction, “for the purposes of computing whether a subsequent conviction of a violation of [� 3731 of the Motor Vehicle Code] shall be considered a second, third, fourth or subsequent conviction.” 75 Pa.C.S.A. � 3731(e)(2); Trial Court Opinion, Brillhart, J., 6/29/01, at 3. This appeal followed.

�3 It is appellant’s position that because New York did not consider her first offense when it sentenced her for the two subsequent New York convictions, Pennsylvania should follow suit, making the July 24, 1999 offense her third conviction, resulting in a mandatory minimum sentence of only 90 days.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Georgia Legal Awards 2022 (GALA)

June 23, 2022
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession in Georgia.


Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022
PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Attorney


McGovern Legal Services, LLC seeks an attorney to join our team at our North Brunswick office working with Condominium Associations, Homeown...


Apply Now ›

Commercial Finance Associate (Flexible location)


Duane Morris LLP seeks two commercial finance associates to join its strong and growing 190+ lawyer Corporate Practice Group. The ideal cand...


Apply Now ›

Public Finance Associate


Cozen O Connor seeks an attorney with at least four years of experience to join the firm s growing multi-state Public Finance practice. This...


Apply Now ›

LAWRENCE LAW LLC

05/16/2022
NJLJ Web

Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association


View Announcement ›

RAYNES & LAWN

05/11/2022
TLI Web

RAYNES & LAWN is Proud to Welcome Next Generation to the Firm


View Announcement ›