CONCURRING AND DISSENTING STATEMENT
Justice CAPPY.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, 563 Pa. 565, 763 A.2d 386, 393-94 (2000), I believe that the matter should be remanded for consideration of ancillary non-constitutional issues that were raised and preserved for review.
Chief Justice ZAPPALA joins this concurring and dissenting statement.