For the Defense - Vol. 5, Issue 3 - 40
Winner, Winner,
Chichkin Dinner!
O
n May 20 of 2020, the Pennsylvania
Superior Court issued ground-breaking
decisions in consolidated appeals in
Commonwealth v. Chichkin and Commonwealth
v. Rosche, and those decisions have already had
a tremendous impact on how DUI cases are
being resolved across Pennsylvania. Many firsttime offenders of Driving Under the Influence
resolve their cases by participating in the
Accelerated Rehabilitative Disposition (ARD)
program. Successful completion of ARD allows
the participant to have the charges dismissed
and expunged, but participation in ARD has
historically constituted a "prior offense" of DUI.
Basically, ARD counted as a first offense of DUI,
and that had been the law of the land even
before the current DUI law was passed on 2004.
"Prior Offense" of DUI
Everyone knows that a conviction of a DUI
in Pennsylvania will result in the imposition
40
For The Defense l Vol. 5, Issue 3
Jason S. Dunkle
of severe mandatory minimum sentences,
sentences that often include jail time, fines, and
license suspensions. The mandatory minimum
sentences are substantially increased if a
person has a "prior offense" within the past
ten years. The Pennsylvania Supreme Court
defined the ten-year look back window as
being calculated from "the occurrence date
of the present offense to the conviction date
of the earlier offense."1 Under 3806 of Title
75, "prior offense" included "acceptance of
Accelerated Rehabilitative Disposition...on the
present violation for any of the following....
(1) an offense under section 3802." Given the
aforementioned case and statutory laws, if a
person had accepted ARD within ten years of
the date of the offensive conduct that led to
a new DUI case, the ARD disposition would be
considered a prior offense and thereby subject
the person to increased mandatory minimum
penalties. The difference between mandatory
minimum penalties for a first and second offense
For the Defense - Vol. 5, Issue 3
Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 3
Contents
For the Defense - Vol. 5, Issue 3 - 1
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For the Defense - Vol. 5, Issue 3 - Contents
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