Tag Archives: ARD

Son got a DUI. He wants to be a teacher

Q: My son (21) just got DUI. He is a college student preparing to be teacher. This is his first offense ever. He has to fill out a teaching clearance. The Arrest Report form asks about reportable offenses. The DUI just happened, and we don’t have police report yet – not sure what actual charges will be. Since this is his first offence, how horrible will this be? How will it affect his chances to become a teacher? Someone mentioned ARD. He’s devastated. What should he say on the arrest certification form? (Kennedy Township, PA)

A:  He will most likely be offered ARD. With ARD he will never have to say he was convicted as there is no adjudication. If asked if he was arrested, he would have to say yes. If asked if he was ever convicted of a crime he can answer no-as long as he successfully completes ARD. If questioned further, he would say he was admitted to the ARD program. After completion of ARD, his arrest record will be expunged, at least in Allegheny County.

Will I face jail time? I can’t do jail!

Q: I live in PA and was pulled over for expired license plate. I haven’t had my driver’s license for 8 years due to an accident that placed a suspension on me which I still owe fines for. I was charged with 4 misdemeanors and 2 summary offenses. I was hit with possession of pot, possession of cocaine, DUI, driving with no license, and expired registration. (Brentwood, PA)

A: A first time DUI carries 72 hours in jail. First time DUI offender’s are eligible for Accelerated Rehabilitative Disposition (ARD) whereby there is no jail, no resulting criminal record and a reduced license suspension (from 12 or18 months down to 30 or 60 days). However, you must have a valid driver’s license and you must not owe any prior court costs, fines or restitutions. If you are not ARD eligible, you may receive a fast track or “Phoenix Court” deal whereby you would be sentenced to the DUI hotel, an alternative to jail. If the DUI hotel is not acceptable to you, some judges will offer you a choice between 72 hours in the jail or a longer period on electronic home monitoring house arrest. You should really consult with a criminal defense attorney.

Can I fight an underage DUI for sleeping in my car ?

Q: I arrived at a college and parked my car, drank all night at a party and returned to my car to sleep because I wasn’t allowed in my friend’s dorm because it was too late to check in. I was woken up while my seat was reclined and I was dead asleep. The only reason my keys were in the ignition is because it was too cold and I needed the heat. The car was never running at any point. I was never breathalyzed and was taken straight to the hospital for blood tests. Is there a way to get this reduced to just an underage? I was never driving my car! (Pittsburgh, PA)

 

A: There is much case law on this subject and the issue boils down to whether you were in physical control of the car. In a lot of these cases, the car is running and the DA argues that the passed out driver could have awakened from their stupor, bumped the shifter, and set the car in gear thus creating a dangerous situation. The fact that the car was not running in your case is very helpful to you. Unless the police state to the contrary about the car running, you may have a good defense for a trial if the DA will not bargain. You need to review all of the police reports with a criminal defense attorney and have representation at the Preliminary Hearing. Have the testimony recorded. You may be ARD eligible if your defense is weak or you cannot stomach a trial.

Can I get ARD in PA, if I had ARD in NJ?

Q: I was charged with possession of a small amount of weed in my car. My friends and I decided to get out the car to go to a gas station and someone had called the police because my friend was intoxicated. We were not in the car but a light was on in the car and police officer told me to shut it off I opened the door and police officer smelled the weed in the car. I told them it was mine even though it wasn’t to get the people I was with off the hook. I have a previous DUI in NJ where I go to college but none in PA. I took some DUI classes in NJ and paid the fines. Now I have a possession of marijuana charge in PA. It is my first and I want to get ARD program for it? Also, since we were not driving nor in the car, can my license be taken away? I am a college student and I work so I need to get back and forth. What should I do?

A: You really need to review this with a Criminal Defense Attorney in your area. You may have enough of an illegal search defense to push the police into turning this into something that does not result in a criminal conviction if just outright asking them to cut you a break doesn’t work. You may not be able to get ARD as you have had it once in NJ and you cannot get ARD for a drug case in PA. If you cannot get it withdrawn at the Preliminary Hearing, or turned into a summary offense like Disorderly Conduct, your next option would be to receive Probation Without Verdict (PWV) at the trial level which will not result in a conviction. However, be aware that some county DA’s will not offer PWV if you have had a prior ARD for DUI. Your goal is to get out of this without a record which is more difficult since it is your second time at the plate. If you are offered to plead to a Disorderly Conduct summary offense at the Preliminary Hearing. However, a summary conviction will stay on your record 5 years before you can expunge it, assuming you can stay out of trouble. Again, your chances of minimizing your damage will be better with an attorney.

Is this a second DUI?

Q: I was charged with my second DUI about a month ago. My first DUI was 9 years ago and I did ARD. Is it worth fighting the case? I was pulled over due to non working tail light. The police report did not state any other reason. (Jefferson Hills, PA)

A: Unless it is 10 years you probably cannot be admitted into the Accelerated Rehabilitative Disposition (ARD) program. You need to have the court records reviewed to determine if ARD is an option. A non working tail light can constitute a reasonable suspicion for police to stop your car and initiate contact. No attorney can advise you as to whether or not you should fight this unless he or she reviews the complaint and Affidavit of Probable Cause and reviews all the facts with you. It may be worth the consultation fee. If you have no defense and are not ARD eligible, you may be able to obtain a Phoenix Program deal to minimize your time and costs in court.

WHAT IS MY PUNISHMENT WITH ARD?

Q: What’s my punishment? I got mixed in with the wrong people and made a dumb move! I stole my grandmothers credit card and used it for $450. I live in Pennsylvania. Charges are in Allegheny County. I’m under ARD consideration. This is my first offense ever. On my court papers its charged as class C misdemeanor.

A: I don’t know what a class C misdemeanor is. If you are guilty or have no defense, Accelerated Rehabilitative Disposition would be a good option for you. With ARD, if you receive it, you will get probation, have to pay costs and fines and may have other conditions, like restitution to the victim and community service. The greatest feature of ARD is that once you complete the program, the DA of Allegheny County will expunge your record. Normally, a defendant has to pay an attorney to do this.