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COM. v. EMS

438 Pa.Super. 163 (1995)

651 A.2d 1143

COMMONWEALTH of Pennsylvania, Appellant, v. John EMS, Appellee.

Superior Court of Pennsylvania.

Filed January 20, 1995.

Attorney(s) appearing for the Case

Lindsay N. Scott, Asst. Dist. Atty., Doylestown, for Com., appellant.

David J. Sowerbutts, Bristol, for appellee.

Before OLSZEWSKI, JOHNSON and HESTER, JJ.

PER CURIAM:

Order Affirmed.

OLSZEWSKI, Judge, dissenting.

After he was arrested on June 5, 1993 for driving under the influence, appellee John Ems applied to the District Attorney of Bucks County for admission into a program for Accelerated Rehabilitative Disposition (ARD). The District Attorney's office advised Ems that he would not be approved for ARD because his driver's license had expired over two months before the date of his arrest.

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