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WHALEN v. COM., DEPT. OF TRANSP.

No. 1478 C.D. 2009.

990 A.2d 826 (2010)

John K. WHALEN v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Bureau of Driver Licensing, Appellant.

Commonwealth Court of Pennsylvania.

Decided February 17, 2010.

Reconsideration Denied April 14, 2010.

Attorney(s) appearing for the Case

Terrance M. Edwards, Asst. Counsel and Andrew S. Gordon, Chief Counsel, Harrisburg, for appellant.

J. Jarrett K. Whalen, Mercer, for appellee.

BEFORE: COHN JUBELIRER, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

The primary question in this appeal is whether acceptance into an Accepted Rehabilitative Disposition (ARD) program for a second violation of 75 Pa.C.S. § 3802 (relating to driving under the influence (DUI) of alcohol or controlled substance) precludes the Department of Transportation, Bureau of Driver Licensing (Department) from requiring a licensee to install ignition interlock systems (interlock systems) on his vehicles. The...

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