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PA Bulletin, Doc. No. 21-634

THE COURTS

Title 255—LOCAL COURT RULES

LEHIGH COUNTY

Administrative Order Establishing Payment Plan Participation for Determination of Eligibility of Restoration of Driver's Licenses; AD-17-2021

[51 Pa.B. 2273]
[Saturday, April 24, 2021]

Administrative Order

 And Now, this 23rd day of March, 2021, the following Administrative Order establishing a procedure whereby a defendant may seek reinstatement of his or her operating privileges based on being current on a payment plan is promulgated and is effective in any applicable case thirty (30) days or more after publication of this Order in the Pennsylvania Bulletin. Seven (7) certified copies shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; one (1) certified copy shall be filed with the Criminal Procedure Rules Committee; and one (1) copy shall be filed with the Clerk of Courts of the Court of Common Pleas of Lehigh County.

 It Appearing that upon consideration of 75 Pa.C.S.A. § 1541(d), in which a defendant ordered by the court under section 3816 (relating to requirements for driving under the influence offenders) to attend a treatment program for alcohol or drug addiction and successfully complete all requirements of the treatment program ordered by the court before a defendant's operating privilege may be restored as the result of a conviction or Accelerated Rehabilitative Disposition of a violation of section 3802,

 And that, under section 1541(d), ''successful completion'' of a treatment program includes the payment of ''all court-imposed fines and costs, as well as fees to be paid to the treatment program by the defendant,''

 And that, under section 1541(d), for the purposes of restoring a suspended license, ''being current on a payment plan shall be considered as a part of a successfully completed program,''

 It Is Ordered that any defendant convicted under or admitted into Accelerated Rehabilitative Disposition for a violation of 75 Pa.C.S.A. § 3802 may petition the Court to enter an Order directing the Lehigh County Clerk of Judicial Records-Criminal to notify the Pennsylvania Department of Transportation that the defendant's operating privilege suspended due to a conviction or admission into Accelerated Rehabilitative Disposition for a violation under 75 Pa.C.S.A. § 3802 may be restored before complete payment of all associated costs and fines. Said petition shall be filed with the Lehigh County Clerk of Judicial Records-Criminal, with a copy of said petition to be served upon the Lehigh County District Attorney's Office and the Lehigh County Adult Probation Department.

 Upon the filing of said petition, a judge sitting in the Criminal Division of the Court of Common Pleas shall schedule a hearing, with notice to be given to the defendant, the District Attorney's Office, and the Adult Probation Department, for consideration of a defendant's request for restoration of the defendant's operating privileges. The Court shall consider whether the defendant has been current on a payment plan in determining whether the defendant has successfully completed a court-ordered treatment program.

By the Court

DOUGLAS G. REICHLEY, 
Judge

[Pa.B. Doc. No. 21-634. Filed for public inspection April 23, 2021, 9:00 a.m.]


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