Cases | Commonwealth v. Harbst, 763 A.2d 953 (Pa. Commw. Ct. 2000) | 2018
The defendant pled guilty to leaving the scene of an accident involving personal injury, and to driving under the influence of alcohol. As part of her sentence, she was ordered to make restitution in the amount of $74,529.54, and to participate in a drug and alcohol treatment program. Thereafter, she filed a petition to direct the Clerk of Courts to certify that she had completed the treatment program. The trial court denied the petition, concluding that the defendant had failed to comply with all treatment program requirements because she failed to make a good faith effort to pay restitution. The defendant appealed, arguing that the Vehicle Code did not require the payment of restitution before operating privileges could be restored, and that the Vehicle Code was unconstitutionally vague in not setting forth a specific definition of “successful completion of treatment program.” The court affirmed the trial court’s order, noting that the Vehicle Code authorizes the trial court to order a defendant, as part of its sentencing order, to complete a prescribed drug/alcohol treatment program, as well as to order “any other requirements” beyond the formal treatment program. The court concluded that a reasonable reading of the Vehicle Code included restitution. Furthermore, the common pleas court could order the defendant to pay restitution under the Crimes Code. Finally, the Vehicle Code was not unconstitutionally vague because the trial court’s order was absolutely clear. Thus, it was within the trial court’s authority to refuse to reinstate the defendant’s license for failing to complete the treatment program.