2007 Pa. Super. 299 - Commonwealth v. Nieves’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) General rule-Except as set forth in subsection (b), the term “prior offense” as used in this chapter shall mean a conviction, adjudication of delinquency, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition before the sentencing on the present violation for any of the following: (1) an offense under section 3802 (relating to driving under influence of alcohol or controlled substance); (b) Repeat offenses within ten years-The calculation of prior offenses for purposes of sections 1553(d.2) (relating to occupational limited license), 3803 (relating to grading) and 3804 (relating to penalties) shall include any conviction, adjudication of delinquency, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition within the ten years before the present violation occurred for any of the following: (1) an offense under section 3802[.]”

   4 later decisions quote this exact passage
   e.g. Gigous v. Commonwealth, Department of Transportation, Bureau of Driver Licensing · Gigous v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

2. “Frankly, I think that 75 Pa.C.S.A. § 3806 is no model of clarity. Although subsection (a) provides a definition of prior offense, subsection (a) is plainly modified by subsection (b). Subsection (b) suggests a recidivist philosophy because subsection (b) calculates repeat offenses as dispositions occurring within ten years before the present offense occurred. Nevertheless, we are bound by the [Commonwealth v. Stafford, 932 A.2d 214 (Pa.Super.2007) ] decision.”

   1 later decision quote this exact passage
   e.g. Gigous v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

3. “[SJection 3806(a) is the benchmark for determining when a prior violation is to be considered a “prior offense.” The purpose of [SJection 3806(b) is to merely provide courts with a means to determine which prior offenses occurred within 10-year look-back period of the present violation, and therefore, whether the mandatory sentences relating to the pri- or offenses apply.”

   1 later decision quote this exact passage
   e.g. Gigous v. Commonwealth, Department of Transportation, Bureau of Driver Licensing