The Pennsylvania Supreme Court will consider whether a provision that guides sentencing defendants convicted of driving under the influence is mandatory, or if it is an optional provision that can be disregarded at the court’s discretion.
The court agreed September 5 to hear arguments in Commonwealth v. Taylor on the applicability of 75 Pa.C.S. 3814, which states that, prior to sentencing for charges related to driving under the influence, the defendant will be subject to a full alcohol and drug addiction assessment if, among other requirements, the defendant has been sentenced for driving under the influence within the 10 years prior to sentencing.
