ORDER
PER CURIAM.
AND NOW, this 18th day of June 2002, we reverse the Order of the Court of Common Pleas of Chester County and reinstate the license suspension.See Scott v. Commonwealth, Dep't of Transp., 790 A.2d 291 (Pa. 2002); Crooks v. Commonwealth, Dep't of Transp., 768 A.2d 1106 (Pa. 2001); Harrington v. Commonwealth, Dep't of Transp., 763 A.2d 386 (Pa. 2000).
Justice CAPPY files a Concurring and Dissenting Statement, in which Mr. Chief Justice Zappala joins.
MR. JUSTICE CAPPY, CONCURRING AND DISSENTING.
I concur in the court's per curiam order reversing the order of the Court of Common Pleas of Chester County. However, I dissent to the court reinstating Appellee John Douglas Wood's license suspension. In accordance with this court's recent decision in Harrington v. Commonwealth Dep't of Transportation, 763 A.2d 386, 393-94 (Pa. 2000), I believe that the matter should be remanded for consideration of ancillary non-constitutional issues that were raised and preserved for review.
Mr. Chief Justice Zappala joins this concurring and dissenting statement.