Pa. Superior Court Strikes Blow to DUI Sentencing Scheme
The Pennsylvania Superior Court recently changed the sentencing landscape for those facing prosecution for a second, or subsequent charge, of Driving Under the Influence.
July 23, 2020 at 01:29 PM
7 minute read
Matthew T. ManginoThe Pennsylvania Superior Court recently changed the sentencing landscape for those facing prosecution for a second, or subsequent charge, of Driving Under the Influence. In Commonwealth v. Chichkin, 2020 Pa. Super. 121, No. 3473 EDA 2018 and Commonwealth v. Roche, 2020 Pa.Super. 121, No. 3475 EDA 2018, the Superior Court ruled the prior acceptance of accelerated rehabilitative disposition (ARD) does not qualify as a prior conviction for purposes of driving under the influence (DUI) sentencing.
Igor Chichkin was arrested and charged with DUI in Philadelphia for an incident that occurred during fall 2017. His case proceeded to trial in the Philadelphia Municipal Court in spring 2018, at which time he was found guilty of two counts of DUI-general impairment under 75 Pa.C.S. Section 3802 (a) (1), "An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle."
A violation of Section 3802 (a) (1) is punishable by six months of probation and $300 fine. However, in 2013, Chichkin had been arrested for DUI and was accepted into the ARD program pursuant to 75 Pa.C.S. Section 3807.
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