Lihota v. Department of Transportation, Bureau of Driver Licensing

In Lihota v. Department of Transportation, Bureau of Driver Licensing, 811 A.2d 1117 (Pa. Cmwlth. 2002), a licensee's operating privileges were suspended pursuant to Section 1542 of the Vehicle Code, 75 Pa.C.S. 1542 (relating to revocation of habitual offender's license). After being accepted into the ARD program, and participating for a short time therein, the licensee violated the terms of the program and was involuntarily removed. He was then put on trial for the underlying DUI charge, but was found not guilty for lack of prosecution. This Court, on appeal, affirmed the trial court holding that: "Section 1542 of the Vehicle Code requires only acceptance, which is voluntary on his part, into A.R.D. and because the acceptance, not completion, of A.R.D. counts as a conviction under the habitual offender statute, even if he is ultimately found not guilty of the underlying charge . . . ." Id., 811 A.2d at 1120. In other words, the Court held that licensee's involuntary removal from the ARD program did not nullify his acceptance into the program, therefore the suspension was proper.