COMMONWEALTH v. SMITH

No. 5254/1988.

7 Pa. D. & C. 4th 162 (1989)

Commonwealth v. Smith

Common Pleas Court of Bucks County, Pennsylvania.

February 21, 1989.


Attorney(s) appearing for the Case

S. Kip Portman, assistant district attorney, for the Commonwealth.

Douglas Maloney, for defendant.


BIEHN, J. February 21, 1989.

Defendant was convicted of driving under the influence of alcohol after a stipulated waiver trial on December 15, 1988. Post-trial motions were timely filed and are now before this court. For reasons stated below, all post-trial motions are hereby denied.

The sole issue before this court is whether or not the district attorney's refusal to place defendant on ARD (accelerated rehabilitative disposition) was an abuse of discretion...

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