Commonwealth v. Walker, 666 A.2d 301 (Pa. Super. Ct. 1995)

Cases | Commonwealth v. Walker, 666 A.2d 301 (Pa. Super. Ct. 1995) | 2018

The defendant pled guilty to two charges arising out of a drunk driving accident that resulted in the two severely injured occupants in the other car. The defendant appealed the judgment of sentence that restitution did not apply to violations of the Motor Vehicle Code, and, in particular, to drunk driving cases. For § 1106 to apply, he argued that there must be a determination of criminal responsibility for injuries sustained. Also, the defendant argued that the sentencing court erred in imposing restitution without first determining the actual amount of the victims’ loss. First, the court found that the Legislature had included driving under the influence of alcohol as an offense subject to an order for restitution. The court found further that it was impossible to separate the defendant’s driving under the influence from the victims’ injuries. However, the court agreed with the defendant that the sentencing court abused its discretion by failing to determine the extent of the victims’ losses. The judgment of sentence was affirmed in part and vacated in part, and the case was remanded for re-sentencing on the issue of restitution.