Pennsylvania v. Mock (majority)Annotate this Case
Appellant Michael Mock was convicted for a 2006 DUI on March 27, 2007. More than ten years after committing this offense, but roughly nine years following his conviction, Appellant committed another DUI on July 10, 2016. He was later charged with DUI ?highest rate of alcohol; the Commonwealth deemed Appellant’s DUI a second offense and graded it as a misdemeanor of the first degree subject to increased penalties. Before proceeding to trial, Appellant filed a motion to quash the information, asserting that the Commonwealth improperly characterized the 2016 DUI as a second offense because his earlier offense did not constitute a prior offense under 75 Pa.C.S Section 3806. The Pennsylvania Supreme Court granted allocatur in this matter to address the relevant date for determining whether an earlier offense constitutes a prior offense. The Court agreed with the Superior Court that the ten-year lookback period ran from the occurrence date of the present offense to the conviction date of the earlier offense, rather than the occurrence date of the earlier offense.