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COMMONWEALTH v. SWARTZ

No. 922 CD 1983.

31 Pa. D. & C. 3d 418 (1984)

Commonwealth v. Swartz

Common Pleas Court of Dauphin County, Pennsylvania.

May 11, 1984.

Attorney(s) appearing for the Case

William T. Tully, assistant district attorney, for the Commonwealth.

Max J. Smith, Jr., for defendant.

DOWLING, J., May 11, 1984.

Does the court have the discretion to remove one from the ARD program when he is charged with another offense of driving under the influence.

The ARD program was created by the Pennsylvania Supreme Court in the exercise of its supervisory power over the lower courts. The authorization is found in Pa.R.Crim.P. 175-85, 19 P.S.Appendix. A recent opinion of the United States District Court for the Middle District of Pennsylvania, Shade...

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