Commonwealth v. Shifflett, G., Aplt.

Summary

Justice Brobson dissents, arguing that a defendant’s voluntary acceptance of Accelerated Rehabilitative Disposition (ARD) constitutes a knowing waiver of the right to a jury trial and the Commonwealth’s burden of proof, so Section 3806(a) of the Vehicle Code is not facially unconstitutional. The dissent maintains the statute should be upheld and that any constitutional deficiency can be cured by a proper colloquy.