Q: Is restitution always ordered in DUI cases? If someone’s insurance pays what is the need for restitution, this is why we pay insurance premiums I thought. If I cannot afford restitution, can I be rejected from ARD for my DUI?

A Yes, if restitution is owed, it is usually part of the Accelerated Rehabilitative Disposition agreement. The District Attorney can choose not to accept you into ARD if a victim has not been reimbursed for damage that you caused relating to your criminal case. Let’s say for example you wiped out a homeowner’s fence in the course of your DUI. Generally, if your motor vehicle insurance covered the cost of the new or repaired fence, either directly to the property owner or through subrogation to their homeowner’s insurer, you should only be responsible for “out of pocket” expenses of the victim in order to be accepted into ARD. These out of pocket expenses could mean their deductible or any other item not covered by insurance.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.