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COM. v. THARP

724 A.2d 368 (1999)

COMMONWEALTH of Pennsylvania, Appellant, v. David M. THARP, Appellee.

Superior Court of Pennsylvania.

Filed January 27, 1999.

Attorney(s) appearing for the Case

Michael P. Toomey, Asst. Dist. Atty., Sunbury, for Commonwealth, appellant.

Edward C. Greco, Kulpmont, for appellee.

Before McEWEN, President Judge and STEVENS and TAMILIA, JJ.

STEVENS, J.:

¶ 1 In this case of first impression, we are asked to determine whether, under the December 12, 1994 amendments to the Vehicle Code,1 a driver who is found to be a habitual offender due to three DUI convictions, and has had his license suspended as a result thereof, may be found guilty of violating 75 Pa.C.S.A. § 1543(b)(1) if he operates a motor vehicle after the expiration of his suspension but before his license...

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